Does UNHCR actually decide who is a refugee, or is the decision up to governments?
A person is a refugee whether or not a legal eligibility procedure has already recognized that status. Governments set up status-determination procedures, for the purposes of determining that person’s legal standing and/or rights and benefits, in accordance with their own legal system. UNHCR offers its advice as part of the agency’s mandate to promote refugee law, protect refugees, and supervise the implementation of the 1951 Convention. The agency advocates that governments adopt a rapid, flexible and liberal process, recognizing how difficult it often is to document persecution. The Executive Committee of UNHCR(bad link) (currently 50 states) sets non-binding policy guidelines that may be useful in this respect. Additionally, UNHCR’s “Handbook on Procedures and Criteria for Determining Refugee Status(bad link)” is considered an authoritative interpretation of the 1951 Convention by many states. In some cases, UNHCR may determine that a person should have refugee status, in countries
