The book chapter, UNHCR-Host State Agreements as Alternative Protection Regimes, is part of the edited volume Non-signatory States in International Refugee Law. The open access book is edited by BEYOND’s Principal Investigator, Professor Maja Janmyr, together with postdoctoral fellows Arjumand Bano Kazmi and Özlem Gürakar Skribeland. The volume is published as part of Brill’s International Refugee Law Series.
About the publication
Agreements between UNHCR and refugee-hosting states are integral to the international refugee law regime. This chapter argues that these memoranda of understanding (MoUs) may be considered to constitute alternative protection regimes to the Refugee Convention in non-signatory states. The agreements not only lay the groundwork for UNHCR’s official presence in a state but they often also create an important link between non-signatory states and the Refugee Convention, covering questions of protection, emergency response, durable solutions, and advocacy. Overall, this chapter argues that the widespread use of MoUs as alternative protection regimes can constitute a shift away from, towards, or even beyond the protection offered by the Refugee Convention.
The chapter begins with a brief historical examination of the rationale behind, and negotiation of, host state-UNHCR MoUs, and how these fit into UNHCR’s broader approach to working with host governments. It thereafter explores these agreements as alternative protection regimes and discusses the role they play in protection in non-signatory states. Finally, a third part zooms in on contemporary concerns and critiques of these MoUs, focusing on issues relating to their content, enforceability, transparency, practice, and fragmentation. It shows that MoUs can in some cases limit refugee rights; are often hard to enforce; are typically not available to refugees whose lives are profoundly shaped by them; may not reflect practice on the ground; and may problematically create multiple, overlapping agreements concerning refugees’ rights.