Agreement between Spain (Ministry of the Interior) and UNHCR

The Official State Gazette (BOE) has just published the International Administrative Agreement between the Kingdom of Spain-Ministry of the Interior and the Office in Spain of the United Nations High Commissioner for Refugees (UNHCR), done at Madrid on 19 December 2024, of which we highlight:

First.

That the Ministry of the Interior is responsible for the asylum, refuge, stateless persons and protection of displaced persons, in particular the investigation, processing and resolution of international protection procedures leading to the recognition of refugee status under the terms laid down in Law 12/2009 of 30 October 2009 regulating the right to asylum and subsidiary protection and in the Geneva Convention relating to the Status of Refugees, done at Geneva on 28 July 1951, and the Protocol thereto, signed in New York on 31 January 1967, which it carries out through the Directorate-General for International Protection, as provided for in Article 15 of Royal Decree 207/2024 of 27 February establishing the basic organisational structure of the Ministry of the Interior.

Second.

That UNHCR is a specialized agency of the United Nations, established by General Assembly resolution 428 (V) of 14 December 1950, whose functions include promoting agreements with Governments for the implementation of measures to improve the situation of refugees.. All this in accordance with the 1951 Geneva Convention and its 1967 New York Protocol relating to the Status of Refugees, both ratified by Spain by means of an instrument of 22 July 1978 (Official State Gazette of 21 October 1978).

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Fourth.

That the cited Law 12/2009 of 30 October 2009 gives UNHCR an important role in the procedure for the recognition of international protection. The participation of UNHCR is one of the guarantees of the Spanish asylum system. In particular, mention should be made of Chapter IV of the Act on the Intervention of the United Nations High Commissioner for Refugees (UNHCR), which provides for his involvement in the procedure.

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First. Object.

Without prejudice to the general framework for action established for UNHCR by Law 12/2009 of 30 October 2009 on the right to asylum and subsidiary protection, the purpose of this International Administrative Agreement is to ensure, through cooperation between the two institutions, the participation of UNHCR in the procedure for the recognition of international protection as provided for in Chapter IV Intervention of the United Nations High Commissioner for Refugees (UNHCR) and its support for the procedure in the areas agreed upon in Clause 3.

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Third. Collaborative commitments undertaken by UNHCR.

The UNHCR Office in Spain will have five (5) posts specialising in international protection working as UNHCR staff in the procedure for the recognition of international protection provided for in Law 12/2009 of 30 October 2009 on support, where deemed appropriate and necessary, in the interpretation and translation of languages and a specialised consultancy for ten months with the aim of improving access to the asylum procedure and its quality.

According to UNHCR internal standards, 6.5 per cent (6.5 per cent) %) the contribution provided for in this Agreement shall be used to finance indirect costs.

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This International Administrative Arrangement entered into force on 19 December 2024., date of signature, as set out in Article 8 thereof.