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Title: Деятельность УВКБ ООН по международной защите прав детей-беженцев
Other Titles: UNHCR Activities on International Protection of Refugee Children's Rights (Yury Morgun)
Authors: Моргун, Юрий Федорович
Keywords: ЭБ БГУ::ОБЩЕСТВЕННЫЕ НАУКИ::Комплексные проблемы общественных наук
Issue Date: 1999
Citation: Белорусский журнал международного права и международных отношений. — 1999. — № 2
Abstract: The article "UNHCR Activities on International Protection of Refugee Children's Rights" throws light on the UNHCR activities regarding provision of rights and protection of the most vulnerable group of refugees — the children. From the first days, the UNHCR was given the responsibility of international protection of the refugees, who fall under the definition given in the Charter, and giving assistance to the governments in facilitation of the voluntary repatriation of refugees or their integration in the countries of asylum under the aegis of UNHCR. Within the UN Charter, an effective mechanism on international protection to refugees has been created, grounded on a well-defined normative base: the 1951 Convention on the Refugee Status and the 1967 Protocol concerning refugees. The Convention consists of the basic regulations regarding the refugee status and the obligations for the Member-states to cooperate with UNHCR in the implementation of its mandate and observation of international application of the Convention provisions. The Convention and the Protocol are basic international legal acts on protection to refugees in modern international law. The rapidly and sometimes unexpectedly developing world brings up new complex challenges to the international community. Civil wars, ethnic and military conflicts which enveloped many regions of the world have led to mass displacement of people to other countries. In accordance to these changes, the GA has repeatedly expanded the UNHCR mandate of giving assistance to the refugees, who did not meet in full the definition of the Charter, but still caused the concern of the world community: internally displaced persons and refugees — victims of natural disasters. Extremely complicated objectives for UNHCR arose in the spring of 1999 in connection with the new outburst of the conflict in Kosovo. Mr. Kofi Annan, the UN General Secretary has repeatedly noted in his speeches and publications "UNHCR has an immense task connected with meeting of refugees" needs in the sphere of reintegration and rehabilitation. At the same time, apprehension grows that we might have to cut down the rate of vital operations of the office due to shortage of financial resources and sometimes to stop them altogether. Provision of the rights of the child is one of modern global issues. The future of mankind depends to a great extent on its solution. Modern system of international protection of the right of the child as an integral part of the system of protection of civil rights has taken shape within the UN framework during the last decades. Protection of the rights of the child in some most important directives was placed on a range of specialized UN agencies. International protection of the rights of the refugee children was placed on UNHCR. Children comprise more than a half of any group of refugees. Refugee children are exposed to the utmost danger in the conditions of unstability and unprecedented calamities and conflicts which become a characteristic feature of modern era. UNHCR activities for providing protection and assistance to refugee children is the most important integral part of its mandate. In order to provide the refugee children with a higher level of protection and care, UNHCR approved the instrument "UNHCR policy in respect of refugee children". This direction is a logical step in the progress of UNHCR activities in the interest of refugee children. Over several years, the Executive Committee of the Higher Commissioner programme passed a number of resolutions and decisions concerning the issues of the refugee children. In 1998 the UNHCR recommendations in respect of refugee children were published. They contain the international norms concerning assistance and protection for refugee children, basic provisions of the resolutions of the Executive Committee and technical recommendations of the UNHCR working group in respect of refugee children. The main idea of "the Recommendations" is that refugee children require special protectionand assistance. The UN Convention on the rights of the child fixed the standards regarding the rights of all children including refugee children. UNHCR aims to solve the issues of refugee children in family and community context. In order to improve life standards of refugee children community, UNHCR tries to provide the effective observance of the provisions, presented in the following instruments: "Policy of the High Commissioner in respect of refugee women" and "UNHCR recommendations on protection of refugee women". The policy of the High Commissioner in respect of the children and women can be considered as a single one. The most principal aim of "The recommendations" is to provide the refugee children with necessary protection and care. "The recommendations" combine a conceptual look at the rights of the child and a programme of UNHCR activities aimed at providing protection and care to refugee children. The international treaty which fixes the majority of norms in respect to children is the Convention on children's rights of 1989. Though the Convention is not a treaty on refugees, it also extends to refugee children, since all rights should be guaranteed in respect of the persons under 18 without discrimination. The significance of the Convention on children's rights lies in the establishment of all-embracing norms. The instrument embraces almost every aspect of a child's life: from the rights to health protection and education to social and political rights. UNHCR constantly uses the Convention on the rights of the child in its activities considering these rights as principles and the Convention as a normative base for the activities. Despite the fact that the Convention on the rights of the child grants the children personal rights, it also underlines the significance of interconnections. The happiness of a child and the possibility of realization of its rights depend on his family and the Community as a whole. The Convention recognizes the importance of a family as a "basic society unit" and the rights of the child are considered against the context of the rights and responsibility of the parents. Also the importance of community is always recognized. The best way of giving assistance to refugee children is to help their families, and the best way to help the family is to give assistance to the whole community. This idea is fixed in the instrument "UNHCR policy in respect of refugee children". UNHCR policies, as a rule, are aimed at giving assistance to the family. It makes it possible for the family to protect and care for its children and also to give assistance to the community which provides protection to children by supporting their family. UNHCR applies the norms of the Convention on the rights of the child in all aspects of its activities and underlines the significance of the "the rights triangle"; it follows the principle of maintenance of the best interests, protection from discrimination and a right to participation. The Convention on the rights of the child, "UNHCR policy in respect of children refugees", "UNHCR recommendations in respect of refugee children" can not be considered only as legal instruments. They also reflect moral position and practical guidance in the gallant cause—maintenance of happiness of refugee children. Their issues — "the issue of refugees and humanitarian issues — are essentially transnational not only because they are connected with the transborder migration, but also because, being human, we are responsible for people's security globally. The turn of the XX century confronts us with the problem of setting up a universal system of people's protection based on the indissoluble link of people's compassion and solidarity. We trust that the day will come when people in any part of the planet will be able to live safely in the country and community" (High Commissioner for Refugees Ms. Sadako Ogata).
Description: Раздел - "Международные отношения
URI: http://elib.bsu.by/handle/123456789/30288
Appears in Collections:Белорусский журнал международного права и международных отношений. — 1999. — № 2

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