UNHCR and Access to Justice: Mixed-Method Dispute Resolution for Encamped Refugees

Abstract

Equal access to justice is enshrined as one of the most important, well-documented, and wide-spread human rights. The UN has positioned itself to uphold due process guarantees, especially in the functioning of its service providing branches. The United Nations High Commissioner for Refugees (UNHCR) is tasked with advocating for encamped refugees and upholding their right to access a competent system of justice. Unfortunately, UNHCR has proven incapable of providing accessible and reliable systems of justice. Refugee camps, therefore, have a high index of crime and recidivism, but very little access to mechanisms offering justice or enacting change. Alternative dispute resolution (ADR) systems are rooted in dismissing the status quo of justice systems and implementing access to justice that meets the needs of the disputants. For UNHCR, an ADR system does not incorporate radical change. The High Commissioner for Refugees has the necessary funding flexibility, judicial infrastructure, and mandate to implement the ADR system proposed below. This paper introduces two integral components of UNHCR’s new vision for access to justice and structures a system capable of eliminating risks in restoring UNHCR’s service providing mandate.