Introduction
The High Commissioner for Human Rights occupies the highest position in the United Nations in the civil rights field and broadly coordinates this area’s activities. The position is subordinate to the Secretary-General, which obliges the Commissioner to provide constant reports on the department’s activities. To effectively fulfill its role, The High Commissioner for Human Rights enforces international laws that protect people worldwide. It enables fair justice to be maintained and a range of preventive interventions to be taken when rights are grossly violated. In addition, officials can regulate the needs of refugees thanks to the Refugee Compact. This study plays a significant role in the field of international relations. It allows one to establish the importance of international law in protecting people and consider how effectively it is applied by the organization. Thus, the study’s central question is how effectively the High Commissioners adopt international law and whether the Refugee Compact protects the interests of the people.
International Law
The United Nations Human Rights Office was established in 1993 and is the department of the UN organization that guarantees the protection of human rights following international law. The organization’s activities are multidirectional and include many goals to improve the life of humanity. First of all, the organization spreads the importance of uniform acceptance of norms and protection of human interests throughout the earth. In addition, OHCHR guarantees direct and indirect assistance in activities related to global cooperation (Goold & Lazarus, 2019). The organization assists in implementing new norms and advises the UN Secretary-General on refugee and resettlement issues. OHCHR makes it possible for third-world countries to set up their national structures for the protection of citizens in accordance with the UN Conventions and treaties.
The United Nations High Commissioner for Human Rights reports to the Chief Secretary. However, the officer is responsible for all OHCHR activities and coordinates the planned implementation. The commission agent may conduct special assignments for the General Secretary and advise them on necessary requests. In order to manage their role effectively, the Commissioner shall comply with international law as enforced by the UN. It combines a set of rules, regulations, agreements, and principles designed to regulate people’s relationships in various legal frameworks (Crawford, 2018). This includes such elements as the relationship of one nation with another, the association of citizens or individuals and the state, the joint work of international organizations, and questions regarding refugees.
International law can be divided into two major categories: private and public. “Private international law” is responsible for resolving disputes concerning private entities belonging to different countries. Countries everywhere recognize the established norms as legally significant and apply to any object, regardless of geopolitical boundaries (Azaria, 2020). At the same time, there are several main areas in international law that help The High Commissioner to exercise his powers. These areas include international economic law, international security law, international criminal law, international environmental law, international humanitarian law and international human rights law. The last law is the main one in the implementation of activities aimed at protecting people around the world.
First of all, the official enforces the observance of fundamental rights. According to the UN Declaration, these include the right to freedom and equality, non-discrimination and the right to life. They are spelled out in the constitutions of countries and do not depend on the form of government in the state. In maintaining these postulates, the Commissioner is assisted by international criminal law (Goold & Lazarus, 2019). It is engaged in prosecuting perpetrators on the territory of different states if they are charged with crimes relating to human rights violations. This area includes violations against humanity or aggressive activities aimed at destruction or genocide. Accordingly, in hostilities or other crimes against humanity, the Commissioner has the right to raise this issue in the UN.
Union members can agree on comprehensive assistance and send funds and specialists to resolve the conflict. Thus, international criminal law helps the High Commissioner to assess the event, appoint the executors of the settlement and allocate the necessary assistance. Moreover, due to the mandate to protect human rights throughout the planet, an official can initiate official punishment for the perpetrators. In this case, the jury in The Hague decides the gravity of the crime and imposes the appropriate penalty (Goold & Lazarus, 2019). An example of effective work using international law can be the response of the UN and the Commission to the war between Ukraine and Russia that began in 2022. The Commission on Human Rights immediately responded to the situation, and many countries have simplified entry rules by providing refugees from Ukraine with housing, benefits, and assistance in finding work. In addition, specialists actively monitor the conflict and legally help both the head of state and the people. This assistance includes statistics and needs of the population and provision of groups of volunteers for medical aid or recovery work.
Thus, the commission implements a number of vital rights for people subjected to aggression and acts of terror from another state. First of all, people are provided with a safe place, as well as food, accommodation, and social benefits. According to the UN Convention, every person, regardless of origin, has the right to a good life and social protection. Accordingly, the Commission is doing everything possible to implement these postulates (Freeman, 2022). In addition, social security is an inalienable possibility for a person. In the event of hostilities in the territory of one state, the task of the Commissioner is to provide people with decent conditions in a new place.
International environmental law takes into account such human rights as life in safety, freedom of expression, and the right to live in a just and free world. However, some countries do not comply with these environmental postulates, and people live in polluted, life-threatening areas. Large public and private enterprises can threaten public health, as industrial emissions cause severe damage to the ozone layer, flora, and fauna. These factors directly violate human rights and are considered by the commission as a threat. However, it is the Commission’s responsibility to review and analyze the current situation (Crawford, 2018). In the event of severe damage or a threat to life, specialists and the UN oversee the leaders of states and their actions in relation to resolving the situation.
The commission forms coalitions responsible for controlling ecosystems on the planet. In addition, through various initiatives, the Commissioner sends funds and forces to eliminate massive garbage holes in the ocean and on land. Such initiatives are designed to protect the environment and animals, some of which are a source of food for humans. In the case of the absorption of seafood contaminated with toxins, people can experience severe health problems, even death. At the same time, international humanitarian law, which can also be described as the law of war, helps to uphold the rights of people (Freeman, 2022). Countries agree to rules in the UN Convention that focus on conflict resolution and peacebuilding. In this way, people can be safe and own their property, which they may lose during the conflict. If hostilities continue for a longer time, the UN and the commission develop more active measures. In this case, the Commissioner implements the rights of people to protection and inviolability.
An example of human rights work is the High Commissioner’s integral participation in Kosovo missions. After the UN response to human rights violations in the 1990s, the Commission continues to play a significant role for the state’s people. The High Commissioner organizes groups to search for people who have been missing this area for 20 years (Promoting Human Rights, n.d.). The Human Rights Section supports human rights and, in 2017, helped the government establish the country’s first multi-ethnic clearing house (Promoting Human Rights, n.d.). It dealt with data on missing persons and carried out search activities. Additionally, the Commission on Human Rights organizes meetings on violence and involuntary disappearances. Finally, the Human Rights Section is involved in training stakeholders for the subsequent handling of human rights cases in international jurisprudence. This allows for a reduction in the level of terrorism and extremist actions in the country.
Similar measures were taken because of the prolonged hostilities in Afghanistan. The Commission on Human Rights will carry out activities on the country’s territory to inform and promote the observance of civil liberties and dialogue between government structures. This was aimed at reducing and preventing civilian losses due to the constant acts of use of weapons in the country. In addition, assistance was provided following international humanitarian law, which ensured national policy development (Promoting Human Rights, n.d.). Its main goal was the protection of civil liberties and the lives of the civilian population. The Commission on Human Rights has established advocacy activities, including technical support, to track and document the victims of the conflict. The commission called this project a specialized structure and provided the government with all possible assistance and support in the implementation of established strategies for protecting human rights (Promoting Human Rights, n.d.). This included security policies, compensation for property damage to the population, and the development and preservation of public institutions such as schools and hospitals.
Finally, human rights stands out among the areas of international law. This area can be described as a set of legal norms, the primary purpose of which is to promote and ensure the security of the rights of individuals. Moreover, all states and inhabitants are obliged to respect these rights, which are inalienable and inherent in every person, regardless of origin or social status. For their protection, the High Commissioner and the UN Secretary-General used the system approved in 1970 (Universal Declaration of Human Rights, n.d.). It focuses on dealing with reports of human rights violations and fundamental freedoms of individuals who come to the organization from anywhere in the world. The implementation of the protection of human rights in accordance with international law is as follows.
On a monthly basis, the UN Secretary-General sends a list of complaints received regarding violations to the High Commissioner and his subordinate organization. The list includes responses provided by states to breaches, and a commission led by Commissioners considers the legal side of each problem (Smith, 2022). The Commission allocates a working group designed to consider each report of violations separately in connection with the postulates of international law. Cases and government responses are compared, and then they are evaluated. From the data presented, the information is selected repeated, or systematic violations of the rights and freedoms of citizens indisputably confirm that. After that, the working group, by voting, decides to present the case to the High Commissioner for consideration.
After selecting the most important cases, the Commission, headed by an official, comes to closed consideration. Each meeting is considered a separate violation of rights, where it implements its obligations following the UN Conventions. The commission agent argues and evaluates the illegality of each case. In order to open a meeting, the initial complaints must contain information supported by objective facts (Smith, 2022). Statements of the media or information channels cannot be used for evidence. In this regard, individuals or organizations need to provide strong evidence of human rights violations. At the same time, they must specify what rights are being violated. The Commissioner then applies the branch of international law appropriate to each situation. The rights violated and ways to address the problem to the world community are determined.
Thus, it should be said that the High Commissioner applies international law to varying degrees to carry out the organization’s activities effectively. First of all, international criminal law helps to implement the legal aspects in case of violations of the freedoms of individuals. International criminal law is designed to protect people worldwide, and if necessary, the Commission can guide the trial in The Hague. The High Commissioner draws on many other branches of international law to ensure the security of all individuals. At the same time, the Commission considers many other cases that relate to the violation of the rights and freedoms of the individual in various areas. They monitor the ecological state of the site and possible threats to the population and help states in matters of military operations (Smith, 2022). Finally, the High Commissioner raises questions about assistance to the population during armed conflicts and the threat of genocide. These factors help the official carry out practical work and protect people’s interests, regardless of their status and origin.
Refugee Compact
One of the High Commissioner’s main areas of work is providing shelter and social assistance to refugees. Besides, the official monitors the flow of people arriving from other countries and their legalization in states’ territories. According to the Refugee Compact, all countries undertake to bear collective responsibility for the migration flows of people (Gammeltoft-Hansen, 2018). The governments of the European Union and other states with high economic indicators take on a share of the flows, providing refugees with decent living conditions (Freeman, 2022). In modern realities, Refugee Compact performs a normative role designed to realize civil liberties and human rights. Countries with a high standard of living should support people from third-world countries, where they are forced to survive under challenging conditions.
Among the main goals of the GCR, there are four most significant aspects. First, the global compact allows the UN to ease the pressure on the host countries. This is because the main flow of refugees seeks to assimilate in countries with high economic indicators, which can become a problem both for the states themselves and for the local population (Explainer, n.d.). Secondly, through assistance, the treaty strengthens the self-confidence of refugees and gives hope that they can fully integrate into the local community. This includes the official status of refugees in the country and their opportunity to receive a decent education and a well-paid job. In addition, the agreement is aimed at helping third-world countries, where the main flow of refugees comes from. Maintaining decent living conditions in countries with poor economic performance can reduce the number of resettlements and give people a more dignified lifestyle (Explainer, n.d.). Finally, it contributes to the safe return of refugees to their homelands for the foreseeable future. As conditions in the country improve, people may want to return to family and everyday living conditions.
The treaty is normative, as it allows the protection of the rights of citizens who are subjected to persecution and violence by their government or another state. The emergence of a large number of armed conflicts leads to more refugees needing timely accommodation in safe areas. UN data show that in 2022, the total number of refugees exceeded the 100 million mark (Refugee data finder, n.d.). UNHCR is committed to collecting information on the status and situation of refugees from all world countries (Refugee data finder, n.d.). The countries with the most significant refugee flows are Syria, Venezuela, Ukraine, Afghanistan, and South Sudan (Refugee data finder, n.d.). Such data is conditioned by difficult conflict situations in all the listed countries. People suffer from armed conflicts, which lead to constant violation and non-observance of their civil rights and freedoms.
In addition, the number of refugees is constantly growing as armed conflicts develop. The Commission on Human Rights and the UN have reported that the Global Compact on Refugees is taking action to regulate and address the root causes of displacement. The organization’s activities focus on organizing the centralized protection of refugees, putting the principle of non-refoulment as the first principle. If individuals fear further persecution in their country of origin, no one has the right to drive them back (Explainer, n.d.). GCR provides interstate liaison and assistance to local and national governments and refugee organizations. In this case, the organization respects human rights, realizing a safe life, the right to social benefits, and a decent life. Refugees are provided with significant benefits in education, teaching the host country’s language, and providing housing and other basic needs.
Moreover, the contract is normative, as it is specifically designed to ensure that the division of responsibility is not ad hoc or unreliable. Since 36% of the refugees are dispersed across five countries, including Turkey, Germany, Colombia, Uganda, and Pakistan, the economic stability of these countries may undergo significant changes (Refugee data finder, n.d.). The treaty is designed to ensure that other countries will take on the part of the flow of refugees to disperse them throughout the world. Joint and stable actions of the nations will help avoid the clash of interests and negative economic impacts. In addition, dispersing people will prevent overpopulation in one geographical point, improving countries’ GDP (Gammeltoft-Hansen, 2018). Furthermore, such solutions allow refugees to become more self-reliant and assimilate into the country. In modern realities, refugees tend to move to those countries where you can find communes of their ethnicity or nationality. They live apart from the population, organizing their society and often not accepting the traditions of the local population. To avoid such situations, the treaty aims to ensure that states provide refugees with the opportunity to integrate into society by learning the language and traditions.
Finally, the Refugee Compact reflects and resolves the consensus formed over the years between governments, international organizations, activists, and volunteers. The agreement is that countries that host more refugees should receive more funding. Thanks to this, governments will be able to provide a decent standard of living for visiting people (Gammeltoft-Hansen, 2018). This contributes to the observance of human rights to a dignified existence, social benefits, and assistance to the state. The agreement’s primary purpose is to distribute the areas of responsibility fairly and help people in need of shelter to exercise their civil rights and freedoms.
Another task is the full integration of individuals into society; however, this is only sometimes possible. In this case, the agreement aims to ensure that the countries, through joint and additional efforts, partially help the newcomers to assimilate into society. This is done in order to comply with the main postulates. Giving refugees equal rights and responsibilities in the new community (Gammeltoft-Hansen, 2018). Since their cultural and historical basis may differ significantly from living in the new country, the states undertake to realize their right to responsibility and freedom of choice in their way of life.
Despite the positive aspects, the treaty has some areas for improvement that hinder the full implementation of the normative role. Some politicians doubt the document’s relevance and criticize it for being too liberal in its agenda (Explainer, n.d.). Regardless of the international recognition, GCR only surpasses European understanding of cultures, values, and a decent life. In some cases, this can become a stumbling block for resolving the issue of the status of refugees and the realization of their rights (Türk, 2018). Accordingly, governments fail to provide all human rights for refugees in new countries. A large number of people live on benefits and need help finding a decent job due to the lack of the necessary qualifications and the proper language base.
At this stage, the treaty does not include significant and fundamental achievements regarding the transparent settlement of the status of refugees. It follows that the relevance of GCR will only be known over time. Currently, the agreement is being conducted more vigorously due to the large influx of refugees from Ukraine (How the UN is supporting, n.d.). They receive documents according to a simplified system, have the opportunity to work, get an education, and take the required language courses free of charge (How the UN is supporting, n.d.). This indicates that the GCR is partly fulfilling its role and protecting the rights of people in need. However, in the future, many issues may arise that the agreement needs to resolve in modern realities (Explainer, n.d.). Difficulties may arise due to the dispersal of refugees in different countries and states’ general responsibility in the treaty context. How relevant can it be for countries with fewer refugees to simplify the application process and accept more people? On the other hand, the states with the most significant number of refugees may feel unfair treatment due to insufficient resources and assistance from world organizations and the UN.
In addition, at this stage, the United States, as a member of the UN, does not accept the Global Refugee Compact. The government has abandoned the treaty and does not regard it as necessary. However, this country is the leading supplier of material and legal assistance for refugees (Explainer, n.d.). Accordingly, the role of the government in implementing the general regulation is essential and, in the future, can significantly improve disputes over the resolution of refugee status. In this case, people fleeing hostilities or political persecution can receive adequate support from the host countries.
Conclusion
In conclusion, the Supreme Commissioner directs all the organization’s efforts toward realizing human rights. This is carried out with the help of international law, which provides the legal background for resolving conflicts and punishing the guilty. The commission monitors all cases of violation of civil liberties and may issue a verdict after the meeting. At the same time, people can apply for help if there is proper evidence. In addition, the Refugee Compact allows countries to spread responsibility for refugees to avoid overcrowding and the inability to provide financial support. However, some gaps may form the basis for future research. These include questions about the legal status of refugees over time and how the UN plans to manage the flow of migrants. In addition, there are concerns about the dispersal of refugees and the weakening the procedure for obtaining status. All of these factors need further consideration and may be key research questions.
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