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UNHCR procedural standards |
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In September 2005, UNHCR published a set of guidelines — Procedural Standards for RSD under UNHCR's Mandate — governing refugee status determination by UNHCR field offices. Each UNHCR office is responsible for developing operating procedures to implement the standards, which represent the most authoritative and comprehensive policy statement by the UN refugee agency on its RSD procedure. The standards had been issued internally to UNHCR field offices in 2003.
In September 2006, RSDWatch published its first report on the implementation of UNHCR’s new procedural standards at selected UNHCR field offices, called No Margin for Error. The report found that several large UN High Commissioner for Refugees (UNHCR) field offices have failed to fully comply with the modest standards of fairness that the UN refugee agency set for its refugee status determination (RSD) procedures nearly three years ago.
UNHCR has also given governments comprehensive advice on the minimum requirements for fair refugee status determination procedures. On two key issues — use of secret evidence and access to an independent appeal — UNHCR’s standards for its own RSD procedures fall short of the advice the agency has offered to governments.
UNHCR’s most direct statement to governments on the requirements for a fair RSD procedure came in 2001 as part of the Global Consultations on International Protection. In 2003 and 2005, UNHCR gave comprehensive advice on RSD procedures in comments to the Council of Europe. These comments reiterated most of the standards UNHCR endorsed in 2001, and added advice on the importance of not withholding evidence from asylum-seekers, in other words restricting the use of secret evidence in all by exceptional circumstances.
Quick reference guide
The following links provide brief summaries, analysis and references to key provisions of UNHCR’s RSD standards.
Disseminating information to asylum-seekers Access to evidence/Withholding of evidence/Secret evidence Accelerated procedure and applicants with special needs Providing reasons for rejection Right to an independent appeal
Þ Other UNHCR guidelines on international refugee law Þ November 1951 memo shows origins of UNHCR RSD
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Fairness Transparency Accountability |
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This site is not associated with the UN High Commissioner for Refugees, and does not reflect the views of UNHCR. |
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RSDWatch.org An independent source of information about the way the UN refugee agency decides refugee cases.
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A project of Asylum Access |