The legal status of the office of the United Nations High Commissioner for refugees

Abstract

Today the refugee dilemma has come to be recognised as 'the human crisis of our age' and large-scale movements of refugees have become a defining characteristic of the contemporary world. The international organisation responsible for protecting refugees and promoting lasting solutions to their plight is the Office of the United Nations High Commissioner for Refugees, set up way back in 1951. Although at the time of its establishment it was feared that the Office was destined for a mere symbolic role due to limitations in its Statute, time has proved these fears wrong because the Office has been able to broaden its mandate and make important contributions in the recognition of refugees' basic human rights. The Office promotes the principle that the discovery of solutions to the plight of refugees is their best form of protection. However the traditional solutions for refugee problems have become inadequate to meet contemporary needs and this prompted UNHCR to look for new alternative strategies for their protection. The ultimate conclusion reached in this thesis is that a comprehensive preventive plan is the only durable solution available to the international community to effectively manage the current global refugee crisis. The presence of the UNHCR in Malta through the Emigrants' Commission acting as its Operational Partner is also discussed in this thesis. The absence of a legal framework within which to operate leads one to conclude that the time is ripe for the enactment of a national law in Malta, in line with our international commitments and humane policies, to determine the norms for the proper safeguard of refugees. The Office of the United Nations High Commissioner for Refugees may be termed a model of a successful international organisation which although born in discord, with a vague and confining Statute, still shows its vital presence today. However any solution to the global refugee problem requires the sustained commitment as well as the political and financial support of the entire global community of states because oniy the combined efforts of ail invoived wiii give the UNHCR the strength to deal with the current refugee crisis.