22 U.S.C. § 7844 — United Nations High Commissioner for Refugees
submitted 22 years ago by Pub. L. 108-333 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 401 words · no verdicts yet
Congress states its opinion that China should let the UN refugee agency reach North Koreans there. It says other countries should keep pressuring China to honor its promise. If China keeps refusing, Congress says the UN agency should pursue arbitration.
This section is a "sense of Congress" — it states Congress's opinion, not a binding legal requirement.
(a) Actions in China*. Congress's view is that:
(1) China has already promised to let the United Nations High Commissioner for Refugees (UNHCR) reach North Koreans* inside its borders without obstruction, so UNHCR can figure out who is a refugee and who needs help. This promise comes from the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol, and Article III, paragraph 5 of a 1995 agreement that upgraded the UNHCR's office in China (called the "UNHCR Mission Agreement" in this section).
(2) The United States, other countries that fund UNHCR, and UNHCR itself should keep pushing China, at the highest levels, to actually follow through on that promise of unimpeded access.
(3) UNHCR should freely hire, as staff or as "Experts on Mission," people who have real experience helping displaced North Koreans in China.
(4) UNHCR should freely work with nongovernmental organizations that have a proven history of helping displaced North Koreans in China.
(5) UNHCR should try to get countries to agree on a "first asylum" policy that guarantees safety and help for North Korean refugees.
(6) If China starts actually meeting its obligations to North Korean refugees, then the United States, other countries, and relevant international organizations should give more humanitarian aid inside China to help cover the costs of hosting North Korean refugees.
(b) Arbitration proceedings. Congress's view is also that:
(1) If China keeps refusing to let UNHCR reach North Koreans within its borders, UNHCR should start arbitration under Article XVI of the UNHCR Mission Agreement and name an arbitrator.
(2) Because reaching refugees is central to UNHCR's mission and to the reason it has a branch office in China, failing to use its arbitration rights right now would mean UNHCR is seriously abandoning one of its core duties.
It is the sense of Congress that—
the Government of China has obligated itself to provide the United Nations High Commissioner for Refugees (UNHCR) with unimpeded access to North Koreans* inside its borders to enable the UNHCR to determine whether they are refugees and whether they require assistance, pursuant to the 1951 United Nations Convention Relating to the Status of Refugees, the 1967 Protocol Relating to the Status of Refugees, and Article III, paragraph 5 of the 1995 Agreement on the Upgrading of the UNHCR Mission in the People’s Republic of China to UNHCR Branch Office in the People’s Republic of China (referred to in this section as the “UNHCR Mission Agreement”);
the United States, other UNHCR donor governments, and UNHCR should persistently and at the highest levels continue to urge the Government of China to abide by its previous commitments to allow UNHCR unimpeded access to North Korean refugees inside China;
the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally employ as professionals or Experts on Mission persons with significant experience in humanitarian assistance* work among displaced North Koreans in China;
the UNHCR, in order to effectively carry out its mandate to protect refugees, should liberally contract with appropriate nongovernmental organizations that have a proven record of providing humanitarian assistance to displaced North Koreans in China;
the UNHCR should pursue a multilateral agreement to adopt an effective “first asylum” policy that guarantees safe haven and assistance to North Korean refugees; and
should the Government of China begin actively fulfilling its obligations toward North Korean refugees, all countries, including the United States, and relevant international organizations should increase levels of humanitarian assistance provided inside China to help defray costs associated with the North Korean refugee presence.
It is further the sense of Congress that—
if the Government of China continues to refuse to provide the UNHCR with access to North Koreans within its borders, the UNHCR should initiate arbitration proceedings pursuant to Article XVI of the UNHCR Mission Agreement and appoint an arbitrator for the UNHCR; and
because access to refugees is essential to the UNHCR mandate and to the purpose of a UNHCR branch office, a failure to assert those arbitration rights in present circumstances would constitute a significant abdication by the UNHCR of one of its core responsibilities.
Source credit: (Pub. L. 108–333, title III, § 304, Oct. 18, 2004, 118 Stat. 1296.)
- 2004Enacted · Pub. L. 108-333 · 118 Stat. 1296
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-333 on 2004-10-18.
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