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16 June 2006

 

Support for a UN refugee court

 

In re: Michael Kagan’s proposal for a UN refugee court:

 

The current practice where the UNHCR RSD determines who is accorded protection is, to say the least an affront to the very basic principles of natural justice, which require that one shall not be prosecutor, investigator and judge in his own case. Other basic principles that require speedy processing of claims, and provision of information that would be relevant in the granting of status, to ensuring that gender issues like provision of male or female translators are provided for where  specifically requested are not always taken as procedural entitlements to applicants.

 

The UNHCR should ideally be the one guarding against the trampling of rights of refugees and asylum seekers by others. Yet in the case of RSD, it is painful to see this esteemed organization rarely measure up to minimum procedural standards to ensure fairness.

 

It is hoped that new Procedural Standards for Refugee Status Determination published in September 2005 will go a long way in addressing most of the legal challenges in the UNHCR RSD processes.

 

In this regard, a refugee court on RSD would formalize legal procedural safeguards in an environment in which UNHCR RSD officials work under intense pressure to clear backlogs, often at the expense of fair play. It would also ensure a better appeal mechanism, where appeals are not seen to be made to the same tribunals that first assessed a claim, as is  currently the case in most UNHCR offices.

 

 

George Kariuki, Advocate

Former Legal Referral Programme Assistant

Refugee Consortium of Kenya

 

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