UNHCR in Pakistan: Analyzing the global governance regime - repatriation of Afghan refugees from Pakistan

Abstract

The last few decades have witnessed a massive increase in the transfer of regulatory functions to international organisations, covering all areas of life. Without doubt, global governance institutions are essential for promoting global welfare through their ability to resolve coordination and cooperation problems amongst diverse actors. However, the proliferation of such global governance institutions has also raised significant concerns as to the fairness of their decision-making process, compliance with the principles of the rule of law, ‘democratic deficit’ in international organisations, and the protection of individual and collective rights. Within this context the paper looks at the vital role that United Nations High Commissioner for Refugees (UNHCR) plays in Pakistan in dealing with the four-decade long Afghan refugee crisis. UNHCR as a global governance institute is engaged in a specific form of global governance, viz. the direct exercise of public authority over individuals, such as the determination of their status in the host state, operations in the refugee camps and repatriation claims. Keeping in mind the challenges posed by global governance institutes and the more specific role played by UNHCR, notwithstanding the importance and indispensability of its work, it is important to analyse the global governance regime of UNHCR. This paper will analyse one aspect of the global governance regime of UNHCR in Pakistan: the repatriation programme, through the lens of Global Administrative Law (GAL). It will discuss the possible normative grounds for the implementation of administrative law obligations on international grounds and, thus, analyse how far the criticism levelled against global governance institutions is true for the repatriation programme in Pakistan.