Introduction to UNHCR’s Decision-Making and Consultative Processes UNHCR’s Annual Consultations with NGO’s, Executive Committee, Standing Committee, the.

Introduction to UNHCR’s Introduction to UNHCR’s Decision-Making and Decision-Making and

Consultative ProcessesConsultative ProcessesUNHCR’s Annual Consultations with NGO’s, Executive Committee, UNHCR’s Annual Consultations with NGO’s, Executive Committee, Standing Committee, the High Commissioner’s Dialogue and the Standing Committee, the High Commissioner’s Dialogue and the

Annual Tripartite Consultations on ResettlementAnnual Tripartite Consultations on Resettlement

James Thomson James Thomson Director of Policy and AdvocacyDirector of Policy and Advocacy

Act for Peace: the international humanitarian and Act for Peace: the international humanitarian and development agency of the National Council of Churches in development agency of the National Council of Churches in

AustraliaAustralia

Asia Pacific Consultation on Refugee Rights, Kuala Asia Pacific Consultation on Refugee Rights, Kuala Lumpur, Malaysia, 19-21 November 2008Lumpur, Malaysia, 19-21 November 2008

What is UNHCR?What is UNHCR? 262 offices in 116 countries262 offices in 116 countries 7,000 staff - 80 % are field based7,000 staff - 80 % are field based 1 staff for every 3,300 people of concern1 staff for every 3,300 people of concern UNHCR’s 2008 programmes amount to UNHCR’s 2008 programmes amount to

USD 1.8 billion - 25% goes to 550 NGO USD 1.8 billion - 25% goes to 550 NGO implementing partnersimplementing partners

UNHCR depends on voluntary UNHCR depends on voluntary contributions from member statescontributions from member states

94% of UNHCR’s Budget comes directly 94% of UNHCR’s Budget comes directly from states (around 10 donors contribute from states (around 10 donors contribute the majority)the majority)

Who is the High Who is the High Commissioner?Commissioner?

The current High Commissioner is Mr. Antonio The current High Commissioner is Mr. Antonio Guterres, former Prime Minister of PortugalGuterres, former Prime Minister of Portugal

Nominated by the S-G & elected (by Nominated by the S-G & elected (by acclamation) by the UN General Assembly for acclamation) by the UN General Assembly for a 5-year term (2005-10)a 5-year term (2005-10)

Follows policy directives by UNGA or ECOSOC Follows policy directives by UNGA or ECOSOC (ExCom does not substitute for these (ExCom does not substitute for these functions, but has its own executive and functions, but has its own executive and advisory functions)advisory functions)

His “Programme” is under the authority of His “Programme” is under the authority of UNGAUNGA

UNHCR’s MandateUNHCR’s Mandate UN General Assembly Resolution 428 (14 UN General Assembly Resolution 428 (14

December 1950)December 1950) By its statute, the Office of the High Commissioner By its statute, the Office of the High Commissioner

(UNHCR) is entrusted to: (UNHCR) is entrusted to: • provide international protection to refugees;provide international protection to refugees;• seek durable solutions for ”seek durable solutions for ”the problem of refugees by the problem of refugees by

assisting Governments and, subject to the approval of assisting Governments and, subject to the approval of the Governments concerned, private organizations to the Governments concerned, private organizations to facilitate the voluntary repatriation of such refugees, or facilitate the voluntary repatriation of such refugees, or their assimilation within new national communitiestheir assimilation within new national communities”;”;

• promote and supervise the applications of international promote and supervise the applications of international conventions;conventions;

• administer and distribute funds to agencies assisting administer and distribute funds to agencies assisting refugees.refugees.

UNHCR’s work is humanitarian and non-political.UNHCR’s work is humanitarian and non-political.

UNHCR MandateUNHCR MandateAdditional to Original UNGA ResolutionAdditional to Original UNGA Resolution

Duty of Duty of supervisingsupervising the application the application of provisions of the 1951 Refugee of provisions of the 1951 Refugee Convention/1967 Protocol (Article 35 Convention/1967 Protocol (Article 35 of Refugee Convention)of Refugee Convention)

Responsibility for persons who fall Responsibility for persons who fall under the 1961 Convention on the under the 1961 Convention on the Reduction of Reduction of StatelessnessStatelessness pursuant to UNGA Resolutionspursuant to UNGA Resolutions

IDPs pursuant to UNGA ResolutionsIDPs pursuant to UNGA Resolutions

ExCom’s Predecessors ExCom’s Predecessors

1951-581951-58 Advisory Committee on Advisory Committee on RefugeesRefugees 15 Members (mostly European, inc. Aust)15 Members (mostly European, inc. Aust) ““demonstrated interest in … the solution demonstrated interest in … the solution

of the problems of refugees”of the problems of refugees”

1955-58 UN Refugee Fund Executive 1955-58 UN Refugee Fund Executive CommitteeCommittee 6 Members added6 Members added

History of ExComHistory of ExCom 1958 - ExCom established 1958 - ExCom established

at request of General Assembly (Res. 1168 (XII)) at request of General Assembly (Res. 1168 (XII)) by ECOSOCby ECOSOC with same 21 Members and an additional 4 with same 21 Members and an additional 4

MemberMember then expanding until 76 Members as of 2008then expanding until 76 Members as of 2008 functions as subsidiary body of UNGA (its functions as subsidiary body of UNGA (its

documentation is issued in a UNGA series and its documentation is issued in a UNGA series and its annual report is submitted directly to UNGA)annual report is submitted directly to UNGA)

1988 – Observers (e.g. NGOs) allowed1988 – Observers (e.g. NGOs) allowed 1995 – Sub-Committee on Int’l Protection and 1995 – Sub-Committee on Int’l Protection and

Administration/Finance merged to create a Administration/Finance merged to create a Standing Committee, which meets quarterly.Standing Committee, which meets quarterly.

Membership CriteriaMembership CriteriaSet out in UNGA and ECOSOC ResolutionsSet out in UNGA and ECOSOC Resolutions

Signing or ratifying the 1951 Convention & its Signing or ratifying the 1951 Convention & its 1967 Protocol is not a requirement for ExCom 1967 Protocol is not a requirement for ExCom membershipmembership

What is?What is? Membership of the UN or UN Specialised Membership of the UN or UN Specialised

AgencyAgency Demonstrated interest in solving refugee Demonstrated interest in solving refugee

problemsproblems Widest possible geographical representationWidest possible geographical representation

How to become a How to become a MemberMember

1 – Apply in writing to S-G1 – Apply in writing to S-G 2 – S-G passes to ECOSOC2 – S-G passes to ECOSOC 3 – ECOSOC asks UNGA to enlarge 3 – ECOSOC asks UNGA to enlarge

number of ExCom Membersnumber of ExCom Members 4 – UNGA increases number and 4 – UNGA increases number and

asks ECOSOC to elect new Membersasks ECOSOC to elect new Members 5 – ECOSOC elects State5 – ECOSOC elects State No state has ever had their No state has ever had their

membership revoked!membership revoked!

Bureau of the Executive Committee

The ExCom Bureau has three office holders: Chairman, Vice-Chairman Rapporteur.

The Bureau is elected at the end of ExCom’s annual plenary session in October.

By tradition, the chair is held in alternating years by donor and non-donor representatives.

It is customary for the Vice-Chairman to be elected Chairman the following year (started mid-1980s).

Annual Cycle of MeetingsAnnual Cycle of Meetings

ExCom is not a one-off event where states ExCom is not a one-off event where states make decisions. It is part of a year-round make decisions. It is part of a year-round cycle of meetings! cycle of meetings!

Feb/MarchFeb/March Standing Committee Standing Committee (programme)(programme)

JuneJune Standing Committee (protection)Standing Committee (protection) SeptSept Standing Committee (financial)Standing Committee (financial) OctOct ExCom Plenary Session ExCom Plenary Session

(annual)(annual) DecDec Planning MeetingPlanning Meeting

Annual Report Flow Annual Report Flow ChartChart

JulyJuly – ECOSOC takes note of High – ECOSOC takes note of High Commissioner’s Annual Report Commissioner’s Annual Report

NovemberNovember - General Assembly (Third - General Assembly (Third Committee) examines High Commissioner’s Committee) examines High Commissioner’s Annual Report and the ExCom Report and Annual Report and the ExCom Report and prepares GA resolutions on the work of the prepares GA resolutions on the work of the Office; (Fifth Committee examines financial Office; (Fifth Committee examines financial reports and proposes resolution)reports and proposes resolution)

DecemberDecember – General Assembly (plenary) – General Assembly (plenary) adopts resolutions with regard to work of the adopts resolutions with regard to work of the OfficeOffice

ExCom’s MandateExCom’s Mandate

AdviseAdvise the High Commissioner – at the High Commissioner – at his request - in exercise of his/her his request - in exercise of his/her functionsfunctions

ReviewReview use of funds and use of funds and programmesprogrammes

ApproveApprove funds for coming year and funds for coming year and projects for assistance to refugeesprojects for assistance to refugees

ExCom’s Four FunctionsExCom’s Four Functions

GovernanceGovernance AdvisoryAdvisory NormativeNormative Exchange of InformationExchange of Information

ExCom’s Annual SessionExCom’s Annual Session Reviews the work of the Standing Reviews the work of the Standing

Committee and Committee and establishes its programme establishes its programme of workof work for the next year (SC reports are for the next year (SC reports are received at ExCom)received at ExCom)

Examines UNHCR’s financial requirements Examines UNHCR’s financial requirements for the coming year and for the coming year and approves the approves the annual programme budgetannual programme budget target target

Adopts conclusionsAdopts conclusions, notably on , notably on international protection, as well as international protection, as well as decisions on a range of administrative, decisions on a range of administrative, financial and procedural issuesfinancial and procedural issues

Standing CommitteeStanding Committee

Examines thematic issuesExamines thematic issues Reviews activities and programmesReviews activities and programmes Adopts decisions and conclusions Adopts decisions and conclusions

(delegated power from ExCom)(delegated power from ExCom) Discusses other issues of concernDiscusses other issues of concern Reports to the annual ExCom Reports to the annual ExCom

Plenary, where its work is reviewed Plenary, where its work is reviewed and its work program is set. and its work program is set.

Significance of ExCom Significance of ExCom ConclusionsConclusions

Agreed by Agreed by a consensus of all ExCom membersa consensus of all ExCom members through a through a multi-lateral drafting procedure – rather than by vote! - multi-lateral drafting procedure – rather than by vote! - hence their status as an important ‘body of international hence their status as an important ‘body of international opinion’ opinion’

Not binding on states, but considered ‘soft law’, minimum Not binding on states, but considered ‘soft law’, minimum standards and international normsstandards and international norms

Expression of consensus on legal matters concerning Expression of consensus on legal matters concerning refugees not foreseen by the 1951 Convention/1967 refugees not foreseen by the 1951 Convention/1967 ProtocolProtocol

Fill gaps in the international refugee law regime not Fill gaps in the international refugee law regime not foreseen by the 1951 Convention or 1967 Protocolforeseen by the 1951 Convention or 1967 Protocol

Used by judges, lawyers, states, NGOs and other actors to Used by judges, lawyers, states, NGOs and other actors to back up their arguments related to state obligationsback up their arguments related to state obligations

Note: if Conclusions are water-down to the lowest common Note: if Conclusions are water-down to the lowest common denominator during the multilateral drafting process they denominator during the multilateral drafting process they are often shelved rather than risking undermining existing are often shelved rather than risking undermining existing standards. standards.

What Rules Apply to What Rules Apply to ExCom?ExCom?

The rules are laid down in the Committee's Rules of The rules are laid down in the Committee's Rules of Procedure.  The items they cover range from the election of Procedure.  The items they cover range from the election of officers to documentation and languages.  Sessions are open to officers to documentation and languages.  Sessions are open to the public.  At the opening of each session, the Executive the public.  At the opening of each session, the Executive Committee elects its Chairman, Vice-Chairman and Rapporteur Committee elects its Chairman, Vice-Chairman and Rapporteur for the next year.  The Vice-Chairman this year becomes the for the next year.  The Vice-Chairman this year becomes the Chairman next year, according to a tradition which began in the Chairman next year, according to a tradition which began in the early 80s.  early 80s.  

There are no formal votes.  There are no formal votes.  Decisions are reached by Decisions are reached by consensus.consensus.  In cases where there are strong discussions,   In cases where there are strong discussions, delegations may request that their views be reflected in the delegations may request that their views be reflected in the summary records of the sessions.  summary records of the sessions.  

The process of decision by consensus is also the one used by the The process of decision by consensus is also the one used by the Third Committee of the General Assembly (the one concerned Third Committee of the General Assembly (the one concerned with humanitarian affairs) in New York, when it adopts the High with humanitarian affairs) in New York, when it adopts the High Commissioner's report.  Commissioner's report.  

The reason behind this tradition has to do with the humanitarian The reason behind this tradition has to do with the humanitarian and non-political character of the Office.  It makes it possible to and non-political character of the Office.  It makes it possible to agree on humanitarian issues where there are political overtones, agree on humanitarian issues where there are political overtones, whereas a formal vote could create divisions.whereas a formal vote could create divisions.

ExCom: What it is not!ExCom: What it is not! ExCom is not a treaty monitoring body. There ExCom is not a treaty monitoring body. There

are no individual complaints procedures and are no individual complaints procedures and ExCom has no enforcement mechanism. The ExCom has no enforcement mechanism. The 1951 Refugee Convention does make provisions 1951 Refugee Convention does make provisions for supervision but this has never been enacted.for supervision but this has never been enacted.

Nor is it like the UN Human Rights Council. Nor is it like the UN Human Rights Council. There is no ‘peer review’ mechanism and states There is no ‘peer review’ mechanism and states and NGOs do not denounce or name and shame and NGOs do not denounce or name and shame member states. member states.

It composed of UN member states, some of It composed of UN member states, some of which have signed the Convention and others which have signed the Convention and others who have not. who have not.

Key Features of ExComKey Features of ExCom ExCom is a consensus-based body. This is ExCom is a consensus-based body. This is

an imperative to ensure against political an imperative to ensure against political polarisation in decision making. polarisation in decision making.

ExCom has never voted on a Conclusion – ExCom has never voted on a Conclusion – all have been adopted by consensus!all have been adopted by consensus!

States do not have to be signatories to the States do not have to be signatories to the Refugee Convention and no state has ever Refugee Convention and no state has ever had their membership revoked or had their membership revoked or challenged!challenged!

By convention, states are not named and By convention, states are not named and shamed (although it does happen). shamed (although it does happen).

Why such a collaborative Why such a collaborative and inclusive approach?and inclusive approach?

Relies on state recognition of the non-Relies on state recognition of the non-political nature of asylum. political nature of asylum.

International refugee protection regime International refugee protection regime relies on ‘responsibility-sharing’. relies on ‘responsibility-sharing’.

UNHCR must work with states to assist UNHCR must work with states to assist them meet their protection obligations them meet their protection obligations toward refugees, IDPs and stateless toward refugees, IDPs and stateless people. people.

UNHCR relies on voluntary state UNHCR relies on voluntary state contributionscontributions

Implications of Implications of Collaborative & Inclusive Collaborative & Inclusive

ApproachApproach Most UNHCR decision-making and Most UNHCR decision-making and

consultative processes rely on developing consultative processes rely on developing consensus!consensus!

States are not coerced through rewards States are not coerced through rewards and punishments (carrot and stick) but and punishments (carrot and stick) but persuaded through 1) framing (appealing persuaded through 1) framing (appealing to state interests and using arguments to state interests and using arguments that resonate with states); 2) Cuing (using that resonate with states); 2) Cuing (using good facts and research to discredit good facts and research to discredit counter arguments); 3) Acculturationcounter arguments); 3) Acculturation

ExamplesExamples

HC selecting focus issues to built HC selecting focus issues to built consensusconsensus

‘‘Back-patting’ reinforces good state Back-patting’ reinforces good state behaviorbehavior

The Conclusions on Women and The Conclusions on Women and Girls at Risk and Children at Risk – Girls at Risk and Children at Risk – would have been morally repugnant would have been morally repugnant to to criticisecriticise so it was passed, but the so it was passed, but the problem will be implementation.problem will be implementation.

The Role of NGOsThe Role of NGOs NGO ‘observers’ are permitted to attend ExCom’s NGO ‘observers’ are permitted to attend ExCom’s

Annual Plenary and Standing Committee meetings, Annual Plenary and Standing Committee meetings, but not the Informal Consultations on decisions and but not the Informal Consultations on decisions and Conclusions (separate consultative arrangements are Conclusions (separate consultative arrangements are in place). NGOs have, however, initiated Conclusions.in place). NGOs have, however, initiated Conclusions.

NGOs are permitted to make one Statement per NGOs are permitted to make one Statement per agenda item. agenda item.

The Rapporteur of UNHCR’s Annual Consultations The Rapporteur of UNHCR’s Annual Consultations with NGOs is permitted to present a written and with NGOs is permitted to present a written and verbal report to the ExCom Plenary in October each verbal report to the ExCom Plenary in October each year. year.

NGO-organised ExCom Side-Meetings (e.g. NGO-organised ExCom Side-Meetings (e.g. Convention Supervision).Convention Supervision).

NGO Representatives on ExCom State Delegations.NGO Representatives on ExCom State Delegations. Informal meetings with states in capitals or the coffee Informal meetings with states in capitals or the coffee

lounge.lounge.

UNHCR’s Annual UNHCR’s Annual Consultations with NGOsConsultations with NGOs

Has been running since the early 1980s, Has been running since the early 1980s, but has evolved significantly.but has evolved significantly.

Started as a half-day UNHCR-NGO meeting Started as a half-day UNHCR-NGO meeting to strategise before ExCom – indeed, it is to strategise before ExCom – indeed, it is still referred to as ‘Pre-ExCom’ for this still referred to as ‘Pre-ExCom’ for this reason.reason.

Now runs over three days with Now runs over three days with simultaneous sessions simultaneous sessions on a wide variety of on a wide variety of subjects of interest to NGOs and UNHCR. subjects of interest to NGOs and UNHCR.

In 2008, over 350 representatives from 206 In 2008, over 350 representatives from 206 different organisations attended, including different organisations attended, including 93 representatives of national NGOs.93 representatives of national NGOs.

Annual Consultations Annual Consultations Cont.Cont.

No longer just a UNHCR-NGO dialogue. It has No longer just a UNHCR-NGO dialogue. It has become the major become the major international meeting point for international meeting point for community-based refugee organizations, UNHCR’s community-based refugee organizations, UNHCR’s operational partners, human rights and humanitarian operational partners, human rights and humanitarian agencies and other NGOs. agencies and other NGOs.

Provides a forum to exchange views with UNHCR, Provides a forum to exchange views with UNHCR, network, gather and share information, hear about network, gather and share information, hear about new policies and best practice, discuss protection new policies and best practice, discuss protection gaps and identify joint solutions.gaps and identify joint solutions.

Composed of Plenary, Regional and Thematic Composed of Plenary, Regional and Thematic Sessions with a series of side meetings run by NGOs.Sessions with a series of side meetings run by NGOs.

Recognised by ExCom who permits a report from the Recognised by ExCom who permits a report from the Rapporteur to be delivered at its annual October Rapporteur to be delivered at its annual October Plenary Session.Plenary Session.

Other Consultative and Other Consultative and Decision-Making ProcessesDecision-Making Processes

Annual Tripartite Consultations on Annual Tripartite Consultations on ResettlementResettlement

High Commissioner’s Dialogue (asylum-High Commissioner’s Dialogue (asylum-migration, protracted refugee situations, migration, protracted refugee situations, urban refugees).urban refugees).

UNHCR’s Global Consultations on Int’l UNHCR’s Global Consultations on Int’l Protection with NGOs (accountability, Protection with NGOs (accountability, IDP Cluster Approach and urban IDP Cluster Approach and urban refugees).refugees).

UNHCR’s Internal Field Reference Group UNHCR’s Internal Field Reference Group – NGOs are hoping to be included– NGOs are hoping to be included

NGO Guide to NGO Guide to ParticipationParticipation

Despite the importance of these meetings, very little information has been Despite the importance of these meetings, very little information has been available to help NGOs participate and advocate more effectively. This available to help NGOs participate and advocate more effectively. This lack of information and advice has made it particularly difficult for new lack of information and advice has made it particularly difficult for new participants and smaller, or less-well funded, national or indigenous NGOs participants and smaller, or less-well funded, national or indigenous NGOs without a Geneva office. without a Geneva office.

Indeed, first-time attendees often end up spending much of their time Indeed, first-time attendees often end up spending much of their time working out how to get involved, rather than actually taking advantage of working out how to get involved, rather than actually taking advantage of the opportunities available. Hence the comment: the opportunities available. Hence the comment: “I was just finding my “I was just finding my feet when it was time to leave”.feet when it was time to leave”.

This guide aims to provide information and advice to help NGOs This guide aims to provide information and advice to help NGOs participate in the Annual Consultations and ExCom and hence strengthen participate in the Annual Consultations and ExCom and hence strengthen the partnership between NGOs and UNHCR in providing protection and the partnership between NGOs and UNHCR in providing protection and assistance to persons of concern. assistance to persons of concern.

You can use the Guide either as a straightforward guide to participation You can use the Guide either as a straightforward guide to participation and advocacy with UNHCR, or you can use it as a basis for developing a and advocacy with UNHCR, or you can use it as a basis for developing a better understanding of UNHCR decision-making and consultative better understanding of UNHCR decision-making and consultative processes. processes.

The Guide was funded by UNHCR and produced by James Thomson and The Guide was funded by UNHCR and produced by James Thomson and Eileen Pittaway with the support of UNHCR’s IAU and ICVA.Eileen Pittaway with the support of UNHCR’s IAU and ICVA.

ww.ncca.org.au/actforpeace/protect_refugees/ww.ncca.org.au/actforpeace/protect_refugees/issues/guide_to_participationissues/guide_to_participation