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Informal consultations on budgetary questions: draft conclusions on budgetary structure, presentation, governance and other matters
EC/1995/SC.2/CRP.24/Add.1

Administrative and Financial Matters (SCAF), 15 June 1995

INTRODUCTION

The following re-numbered draft conclusions reflect amendments made in the light of the informal consultations held on 15 June 1995. Significant changes have been introduced into conclusions 1 (iii), 6, 9 and 11.

A. Budget Structure

Conclusion 1: Any UNHCR budget structure should have as its objectives the following:

(i) the necessary flexibility to address emergency situations and unexpected changes to programmes;

(ii) assured funding of statutory activities;

(iii) transparency, accountability and managerial control.

Conclusion 2: Further streamlining of UNHCR's budget structure should be undertaken, bearing in mind the objectives set out in Conclusion 1, so that in a single, coherent budget structure there is a clear indication of overall needs, as well as of needs at the country level, and for Other Programmes and Headquarters.

B. General and Special Programmes

Conclusion 3: The criteria for the inclusion of activities under General Programmes is that they qualify as statutory; in addition, they should be activities related to situations which have stabilized.

Conclusion 4: The group of stabilized, statutory activities which constitute the General Programmes shall be a funding priority. A commitment to their full funding would be facilitated by a process of dialogue in which the High Commissioner explains the rationale used for the inclusion of the various activities within the Annual Programme component of the General Programmes.

Conclusion 5: If, for a given year, all stabilized, statutory activities were not able, in the High Commissioner's judgement, to be included under General Programmes, the first priority for inclusion should be refugee situations which have stabilized; in giving effect to this decision, the High Commissioner shall, inter alia, bear in mind the relative chances of funding for different activities, depending on the programme category in which they would be placed. The High Commissioner would report to the Executive Committee the considerations which determined a particular course of action.

C. Funds and Reserves, Their Levels and Criteria

Conclusion 6: The Executive Committee should keep under review the criteria governing the Emergency Fund, the Programme Reserve, and the Voluntary Repatriation Fund to ensure that these contribute to the flexibility of the Office's operations; moreover, their levels should also be regularly reviewed.

Conclusion 7: In recognition of the statutory nature of activities on behalf of refugees, and, therefore, their potential for inclusion under General Programmes, the Programme Reserve may be used for refugee situations being funded, for various reasons, under Special Programmes. Such a use of the Programme Reserve, would, nevertheless, be limited; it may be used to complement Special Programme funding for refugee situations, provided that the total of all such allocations does not exceed one third of the Programme Reserve in a given year.

Conclusion 8: In recognition of the importance of voluntary repatriation, and to support repatriation activities which were not able to be included, for various reasons, under General Programmes, the use of the Voluntary Repatriation Fund should be enhanced by its extension to voluntary repatriation operations included under Special Programmes; it is proposed that in a given year, an allocation of up to $ 10.0 million could be made for any such voluntary repatriation operation.

Conclusion 9: The proposed expanded use of the Programme Reserve and the Voluntary Repatriation Fund could require that their levels be raised. It is proposed that, as of 1997:

(i) the Programme Reserve be constituted between 10 and 15 per cent of programmed activities under the Annual Programme for a given year;

(ii) the level of the Voluntary Repatriation Fund for a given year be set between $ 20 million and 10 per cent of the budgetary estimates for voluntary repatriation for the previous year;

(iii) within the limits set out above, the High Commissioner would propose the actual levels of the Programme Reserve and the Voluntary Repatriation Fund for approval by the Executive Committee, bearing in mind that the overall level of the proposed General Programmes target should be such as to justify a reasonable expectation of its full funding.

Conclusion 10: With a view to maximizing the use of the Programme Reserve and the Voluntary Repatriation Fund in any given year, any allocations made from them could be cancelled if sufficient contributions were later received for the relevant activities.

Conclusion 11: It is proposed to extend the use of the Working Capital and Guarantee Fund to guarantee budgetary increases in the Headquarters component of General Programmes, not exceeding 2 per cent of the approved General Programmes total target, that may result from increased Headquarters costs directly due to exchange rate fluctuations. The Executive Committee would thus allow the General Programmes approved budgetary target to rise by up to 2 per cent, if this was necessary to accommodate such increased costs. The adjustment of the General Programmes budget target in accord with the above provisions, and related accounting adjustments, would take place at the end of a calendar year. If such a use had to be made of the Working Capital and Guarantee Fund, it would be replenished in the subsequent year in accordance with the provisions of the Financial Rules.

D. Governance

Conclusion 12: In addition to the broad review of General and Special Programmes at the time of the Executive Committee, inter-sessional meetings shall consider updates on programme needs and funding; at inter-sessional meetings, there shall also be a review of all country programmes (General and Special) in a particular region or regions (e.g. Asia/SWANAME; Europe/Americas; Africa), and of any Special Programmes covering a number of countries in the region(s).

Conclusion 13: The regular, systematic review of UNHCR programmes at the country level by the Executive Committee at inter-sessional meetings shall be based on agreed documentation (see below), and will include presentations by the senior staff of the Bureau concerned.

Conclusion 14: The uses made of the Emergency Fund, the Programme Reserve and the Voluntary Repatriation Fund shall be reviewed by the Executive Committee at its annual and inter-sessional meetings at the time of each of the programme reviews mentioned in Conclusion 13 above, to ensure that their use is in accord with the governing criteria.

Conclusion 15: The wording of the decision related to General and Special Programmes needs and resources adopted at the annual (or any other) session of the Executive Committee shall better reflect the enhanced governance exercised by the Executive Committee over these Programmes (see Annex 5 for a proposed text).

E. Oversight Reports

Conclusion 16: Within the broad framework of oversight of the work of UNHCR, the Executive Committee, in the course of its annual session and at inter-sessional meetings, shall consider, according to an agreed timetable, the various reports on audits, programmes, evaluations, and on the work of the UNHCR Inspection and Evaluation Service, as well as UNHCR's response to these reports.

F. Documentation

Conclusion 17: Programme documentation should be so presented that the focus is principally on countries/areas with a clear picture of programmes at the country level.

Conclusion 18: Programme documentation (covering both General and Special Programmes) for given countries/areas should be concise (not exceeding six pages) and be primarily focused on and offering justification for programmes in a planning year; the current and prior years activities shall be addressed only to explain any significant variations from estimates and planned activities. Special Programmes covering more than one country will also be presented separately, with corresponding consolidated tables showing estimates and expenditure.

Conclusion 19: The presentation of the annual accounts should be improved; in particular, the number of Special Programmes accounted for individually in the Annex to Statement 2 (which sets out income and expenditure for Special Programmes) shall be expanded to include the most important of those which are currently reported under "Other Trust Funds"; to the extent possible, "Other Trust Funds" should be identified by region.

G. Future Work

Conclusion 20: Among the steps to be taken to further enhance UNHCR's budgetary structure and related matters, study and informal consultations will be undertaken in relation to the following:

(i) the further adaptation and improvement of the budget structure as provided for in Conclusion 2 above;

(ii) the categories/sectors for reporting on UNHCR's activities, including the possibility of quantifying aspects of UNHCR's protection activities;

(iii) the presentation of budgets and reporting on programme activities, bearing in mind the need for conciseness and clarity, and the observations of the ACABQ in this regard;

(iv) review of UNHCR's current computer systems and databases and action to ensure that they are adapted to UNHCR's budgeting and reporting needs;

(v) ways to ensure better linkages between the presentation of UNHCR's budgets in the United Nations Biennium Budget in support of the Medium Term Plan and the current UNHCR annual budgets presented to the Executive Committee;

(vi) ways to ensure a better funding base for UNHCR activities;

(vii) review UNHCR's Financial Rules, including the provisions governing General and Special Programmes.

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Statelessness in Kyrgyzstan

Two decades after the disintegration of the Soviet Union, thousands of people in former Soviet republics like Kyrgyzstan are still facing problems with citizenship. UNHCR has identified more than 20,000 stateless people in the Central Asian nation. These people are not considered as nationals under the laws of any country. While many in principle fall under the Kyrgyz citizenship law, they have not been confirmed as nationals under the existing procedures.

Most of the stateless people in Kyrgyzstan have lived there for many years, have close family links in the country and are culturally and socially well-integrated. But because they lack citizenship documents, these folk are often unable to do the things that most people take for granted, including registering a marriage or the birth of a child, travelling within Kyrgyzstan and overseas, receiving pensions or social allowances or owning property. The stateless are more vulnerable to economic hardship, prone to higher unemployment and do not enjoy full access to education and medical services.

Since independence in 1991, Kyrgyzstan has taken many positive steps to reduce and prevent statelessness. And UNHCR, under its statelessness mandate, has been assisting the country by providing advice on legislation and practices as well as giving technical assistance to those charged with solving citizenship problems. The refugee agency's NGO partners provide legal counselling to stateless people and assist them in their applications for citizenship.

However, statelessness in Kyrgyzstan is complex and thousands of people, mainly women and children, still face legal, administrative and financial hurdles when seeking to confirm or acquire citizenship. In 2009, with the encouragement of UNHCR, the government adopted a national action plan to prevent and reduce statelessness. In 2011, the refugee agency will help revise the plan and take concrete steps to implement it. A concerted effort by all stakeholders is needed so that statelessness does not become a lingering problem for future generations.

Statelessness in Kyrgyzstan

Statelessness among Brazilian Expats

Irina was born in 1998 in Switzerland, daughter of a Brazilian mother and her Swiss boyfriend. Soon afterwards, her mother Denise went to the Brazilian Consulate in Geneva to get a passport for Irina. She was shocked when consular officials told her that under a 1994 amendment to the constitution, children born overseas to Brazilians could not automatically gain citizenship. To make matters worse,the new-born child could not get the nationality of her father at birth either. Irina was issued with temporary travel documents and her mother was told she would need to sort out the problem in Brazil.

In the end, it took Denise two years to get her daughter a Brazilian birth certificate, and even then it was not regarded as proof of nationality by the authorities. Denise turned for help to a group called Brasileirinhos Apátridas (Stateless Young Brazilians), which was lobbying for a constitutional amendment to guarantee nationality for children born overseas with at least one Brazilian parent.

In 2007, Brazil's National Congress approved a constitutional amendment that dropped the requirement of residence in Brazil for receiving citizenship. In addition to benefitting Irina, the law helped an estimated 200,000 children, who would have otherwise been left stateless and without many of thebasic rights that citizens enjoy. Today, children born abroad to Brazilian parents automatically receive Brazilian nationality at birth.

"As a mother it was impossible to accept that my daughter wasn't considered Brazilian like me and her older brother, who was also born in Switzerland before the 1994 constitutional change," said Denise. "For me, the fact that my daughter would depend on a tourist visa to live in Brazil was an aberration."

Irina shares her mother's discomfort. "It's quite annoying when you feel you belong to a country and your parents only speak to you in that country's language, but you can't be recognized as a citizen of that country. It feels like they are stealing your childhood," the 12-year-old said.

Statelessness among Brazilian Expats

UNHCR Goodwill Ambassador Angelina Jolie meets Iraqi refugees in Syria

UNHCR Goodwill Ambassador Angelina Jolie returned to the Syrian capital Damascus on 2 October, 2009 to meet Iraqi refugees two years after her last visit. The award-winning American actress, accompanied by her partner Brad Pitt, took the opportunity to urge the international community not to forget the hundreds of thousands of Iraqi refugees who remain in exile despite a relative improvement in the security situation in their homeland. Jolie said most Iraqi refugees cannot return to Iraq in view of the severe trauma they experienced there, the uncertainty linked to the coming Iraqi elections, the security issues and the lack of basic services. They will need continued support from the international community, she said. The Goodwill Ambassador visited the homes of two vulnerable Iraqi families in the Jaramana district of southern Damascus. She was particularly moved during a meeting with a woman from a religious minority who told Jolie how she was physically abused and her son tortured after being abducted earlier this year in Iraq and held for days. They decided to flee to Syria, which has been a generous host to refugees.

UNHCR Goodwill Ambassador Angelina Jolie meets Iraqi refugees in Syria