Civilian and humanitarian character of asylum

3.1. Main Guidance for the Emergency Phase.

This guidance outlines UNHCR’s role in emergencies, distinguishes it from the roles of States and other actors, and provides practical direction for operational planning.

Protection objectives

Efforts to uphold the civilian and humanitarian character of asylum aim to:

• Protect refugees from violence and insecurity stemming from the presence or actions of combatants/fighters.
• Ensure humanitarian access for the delivery of protection and assistance.
• Safeguard the integrity of asylum by preventing combatants/fighters from benefiting from refugee protection or assistance and ensuring that their presence is managed in accordance with the law.

Underlying principles and standards

• Individuals who permanently and genuinely renounce military involvement may have their asylum claims assessed individually, with due consideration given to potential exclusion from refugee status under relevant international standards (see UNHCR, Guidelines on Claims to Refugee Status related to Military Service. See also the Entries on Deserters, Conscientious objectors, Refugee status determination, and the Exclusion clause). The claims of former combatants/fighters must not be processed on a group or prima facie basis.
• All security-related measures must comply with international human rights law, humanitarian law, refugee law, and domestic legislation. Crucially, States must uphold the principle of non-refoulement: no one should be denied access to protection or returned based solely on suspicion of being a combatant, nor should borders be closed for this reason.
• Security efforts must not result in arbitrary detention. Legal safeguards must be respected, including humane conditions of detention and protection from torture or cruel, inhuman, or degrading treatment. Special attention must be given to survivors of gender-based violence (GBV).
• Children associated with armed groups must be treated primarily as victims and provided with tailored support and protection. Their best interests must guide all procedures and interventions, including demobilization and asylum evaluation. Detention should be avoided; if necessary, it must be limited, age-appropriate, time-limited, and separate from adult facilities.
• Women formerly associated with armed groups may have specific vulnerabilities, particularly if they experienced sexual or other forms of GBV. Their asylum claims should be prioritized where appropriate. If interned, they must be housed separately from men and, where possible, supervised by female staff.

Security and protection Risks – Operational challenges and dilemmas:

When the civilian and humanitarian character of asylum is compromised, operational challenges escalate, humanitarian principles are under threat, and significant protection and security risks emerge. This endangers the safety of both refugees and humanitarian personnel, potentially restricting access and disrupting operations. Such dynamics can destabilize surrounding areas, heighten tensions with host communities, and strain local infrastructure and resources. At a broader level, they may undermine national and regional security, disrupt inter-State relations, and hinder efforts to maintain peace and stability across borders.

When the civilian and humanitarian character of asylum is compromised, individuals seeking refuge face heightened protection risks. These may include direct military attacks, forced recruitment of adults and children, and various forms of physical and sexual violence. The presence and activities of combatants/fighters may also result in the erosion of law and order, which can foster criminality and exacerbate tensions between refugees and host communities. Humanitarian aid may be diverted or obstructed, limiting access to essential services. Additionally, host State security measures, such as border closures or increased surveillance, can restrict access to asylum, potentially resulting in refoulement, arbitrary detention, or limitations on freedom of movement. [See the Entries on Access to territory and non-refoulement, and Detention and freedom of movement.]

A key operational challenge is the presence or infiltration of combatants/fighters at borders, and within refugee camps and settlements. These individuals may exploit such environments for recruitment, propaganda, or training. Identifying combatants/fighters embedded within civilian populations is complex and sensitive, and their removal carries risks of violence and may also lead to violations of the principle of non-refoulement.

Armed actors may also operate near or within camps and settlements. In some cases, civilian populations may view them as protectors, especially where official security forces are absent or mistrusted. This can lead to the normalization of militarized protection and blur the distinction between combatants/fighters and civilians, undermining the foundations of humanitarian assistance.

Humanitarian actors often face the difficult task of balancing core principles—neutrality, impartiality, and independence—with the urgent needs of affected populations. Delivering aid and services in areas controlled by armed groups or political actors can inadvertently legitimize those groups or mask coercive conditions. In such contexts, humanitarian workers risk being perceived as complicit in the politicization of aid, which can erode trust and compromise their mission.

The presence of combatants/fighters also threatens the integrity of aid delivery. Armed groups may divert or misuse humanitarian assistance to support their operations. Continuing to provide aid in such settings may inadvertently fuel conflict or legitimize these groups, while withholding assistance—to uphold humanitarian principles—may leave refugees without support. This can force them into harmful coping mechanisms such as survival sex, child labor, or forced recruitment.

Finally, in contexts where State authorities are absent, ineffective, or complicit in threats against displaced populations, humanitarian organizations may be compelled to assume roles beyond their mandate or capacity. This widens the gap between expectations and actual capabilities, increasing ethical and operational risks and straining the very foundations of humanitarian responses.

Key Considerations and Actions

To address or prevent the risks arising from the presence and/or activities of combatants/fighters – including women or children associated with armed groups – among refugee populations, UNHCR, in coordination with host States and other partners, must take proactive and strategic action. Key actions include the following:

• Assessment and Early Identification

Maintaining the civilian and humanitarian character of asylum begins with understanding who is arriving and why. This means analyzing refugee movements to identify any combatants/fighters among them and examining the root causes of displacement. Continuous conflict analysis is essential. It should cover: the parties involved in the conflict; their structure, allegiances, and history of violations of international human rights and humanitarian law; and the broader political and security context. This analysis should inform emergency preparedness and advocacy efforts. Conflict analysis should also be linked with community-based information gathering and involve both refugee and host populations in awareness and reporting mechanisms, helping to build trust and prevent recruitment. Care must be taken not to expose individuals or communities to risks of harm, especially when gathering information on sensitive issues linked to conflict. Protective measures, anonymization, and informed consent should guide all interactions.

• Risks to the Civilian and Humanitarian Character of asylum, camps and settlements:

Several factors can undermine the civilian and humanitarian character of asylum, camps and settlements. These include: failure to disarm individuals at borders or within camps; camps located near conflict zones or military areas; inadequate procedures to identify and separate combatants/fighters from civilians; and host States’ inability or unwillingness to enforce security and protection measures. To mitigate these risks, operational guidance should establish safe, rights-respecting procedures for screening and separation, incorporating safeguards against profiling and collective punishment. Particular attention must be paid to child-sensitive approaches that uphold the best interests of children associated with armed groups.

• Host State Responsibilities

The host State holds the primary responsibility for preserving the civilian and humanitarian character of asylum. This includes: deploying trained and well-equipped security personnel; establishing robust procedures for disarmament, identification, and separation of combatants/fighters; and enacting national laws aligned with international obligations. To fulfill these duties, the host State may use existing institutions or set up a specific coordination mechanism—such as an inter-agency taskforce involving foreign affairs, police, military (if needed), immigration, and local authorities—with support from UNHCR and other partners, such as the ICRC.

If the host State lacks capacity, it can request assistance from UNHCR, regional bodies, peace operations or other international actors. Support may include technical expertise, capacity-building, legal guidance, or logistical help - always in line with humanitarian principles. In situations where host States are either unwilling or complicit in violations (e.g., forced recruitment or militarization of camps), UNHCR must activate targeted advocacy strategies and, where appropriate, escalate concerns to regional or international bodies, including the Security Council.

• UNHCR’s Role and Support

To uphold the civilian character of asylum, UNHCR plays a central advocacy, protection and coordination role. In doing so, UNHCR should:

• Advocate early and consistently for appropriate government action—such as ensuring camp locations are established away from borders and promoting protection-sensitive border management (see the checklist)—while continuously assessing the host State’s capacity and willingness to uphold the civilian character of asylum.
• mobilize inter-agency support where necessary, coordinate collective efforts during complex emergencies, and collaborate closely with the International Committee of the Red Cross (ICRC)—particularly in contexts involving detained combatants/fighters or internment facilities.
• ensure coherent messaging on the civilian character of asylum and maintain close engagement with the Humanitarian Country Team and other relevant stakeholders.
• clearly articulate its mandate and limitations in all interactions and effectively utilize existing civil-military coordination mechanisms led by OCHA, ensuring these are regularly briefed and informed on matters related to preserving the civilian character of asylum.
• undertake continuous stakeholder mapping and conduct risk- and conflict-sensitive protection analysis to identify threats such as infiltration, recruitment, or the presence of weapons.
• establish or strengthen protection monitoring and early warning systems, ensuring that registration and participatory assessments include safety-related questions, and that community feedback mechanisms are secure and confidential.
• identify and analyze negative community coping mechanisms that undermine the civilian character of asylum, and, where feasible, support the mapping of grassroots or community-led initiatives that promote and safeguard it.
• design and implement context-specific community awareness activities with clear, accurate messaging to mitigate risks of misinformation, tension, and stigmatization.
• provide capacity development and technical guidance to authorities through trainings, workshops, and the sharing of good practices and lessons learned—encouraging the development or revision of Standard Operating Procedures (SOPs) or equivalent mechanisms based on existing guidance to preserve the civilian character of asylum.
• provide technical, logistical, or financial assistance, as appropriate, in line with the UN Due Diligence Policy and following a thorough risk assessment conducted in coordination with relevant actors.
• escalate concerns to senior leadership—including the High Commissioner, Assistant High Commissioners, or other relevant UN bodies—if the situation deteriorates or the host State fails to take adequate action, particularly where the crisis poses risks to international peace and security.

At all times, UNHCR’s role must remain focused on protection and must not extend into security functions that fall outside its mandate.

• Role of Other UN Entities and Partners

A wide range of UN entities can help uphold the civilian and humanitarian character of asylum, each in line with their respective mandates. For example:

• the Department of Political and Peacebuilding Affairs (DPPA), the Office of the High Commissioner for Human Rights (OHCHR), and the UN Development Programme (UNDP) can contribute to conflict analysis and early warning.
• The UN Global Focal Point on Police, Justice and Corrections, UNODC, and others can support rule of law, law enforcement training, and local governance systems.
• UNDP, IOM, and UN peace operations may assist with disarmament, demobilization and reintegration (DDR) programmes, including pre-DDR and community violence reduction.
• UNICEF plays a key role in protecting children associated with armed groups.
• UN Women and UNFPA support national efforts to prevent and respond to sexual and gender-based violence.
• The Office for the Coordination of Humanitarian Affairs (OCHA) provides guidance on civil-military coordination and broader humanitarian strategies.

Where present and mandated, UN peace operations are uniquely positioned to protect civilians and raise awareness among military actors about the protected status of refugee camps under international humanitarian law. They may also provide camp security, support disarmament and separation efforts, and assist with reintegration of former combatants/fighters seeking asylum.

In addition to UN entities, the International Committee of the Red Cross (ICRC), drawing on its mandate to protect civilians in armed conflict, engages proactively with authorities and armed groups to ensure that the separation of civilians from combatants is upheld. It also promotes compliance with international humanitarian law (IHL) and provides operational guidance to prevent the militarization of camps and settlements. Coordination with child protection actors, GBV specialists, and community-based organizations must be integrated into all responses to ensure that vulnerable groups receive tailored and appropriate support.

• Coordination and Collective Action

In complex or high-risk situations—especially those involving active combatants/fighters—coordinated, collective action is essential. Isolated efforts by individual UN entities are unlikely to be effective. Instead, the UN Country Team or Humanitarian Country Team must act as a unified body. In such contexts, UNHCR is expected to lead coordination efforts, mobilize stakeholders and keep the broader UN system informed. This includes engaging with headquarters-level actors and interagency coordination mechanisms.

When needed, UNHCR may also liaise with partners such as ICRC in Geneva or the UN Department of Peace Operations in New York to ensure that refugee protection measures are reflected in peacekeeping mandates, in line with Security Council Resolution 1674 (2006) on the protection of civilians in armed conflict.

In addition to coordination at the international level, leveraging local capacities and networks is equally vital. UNHCR and its partners should engage with grassroots peace initiatives, faith-based leaders, community representatives, and local NGOs, whose contextual knowledge and trusted relationships can strengthen protection efforts and promote sustainable solutions.

Where the host government requests UNHCR assistance—such as the provision of food or non-food items—to combatants/fighters following their separation from civilians or during internment, UNHCR shall consult with relevant stakeholders, including the ICRC, and conduct a joint risk assessment to determine the most appropriate course of action based on the context. This process ensures that assistance is delivered in accordance with humanitarian principles, mitigates protection risks, and clearly defines the roles and responsibilities of all actors involved.

• Resources and Funding

When a host State is committed but lacks capacity, UNHCR may provide funding or help mobilize international support. Any financial or technical assistance must align with UN policy frameworks, particularly the Due Diligence Policy on support to non-UN security forces. A multi-stakeholder approach is often necessary to support or advocate with States that are unable or unwilling to fulfill their responsibilities. This should be coordinated through the UN Country Team or Humanitarian Country Team and may involve regional organizations or donor States.

Donors and development partners should be encouraged to support not only immediate disarmament and separation efforts, but also long-term reintegration programmes for children and adults leaving armed groups, in line with human rights and development standards.

Humanitarian actors must balance neutrality, independence, and impartiality with operational realities. Where aid diversion is a risk, mitigation strategies (such as biometric registration, cash/voucher systems) should be considered to safeguard both humanitarian principles and access to essential