The UNHCR and the Afghan Crisis

Front matter

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ALIGNIAS ANY WSINVIEVLINVANH

The UNHCR and the Afghan Crisis

Contents

List of Figures and Tables vi Acknowledgements viii List of Abbreviations X Introduction 1 Chapter 1. An Embedded Bureaugraphy 7 Chapter 2. The ‘Refugee Problem’ and the Reality of Afghan Mobility 21 Chapter 3. Cartography of a Diffused Presence 45 Chapter 4. The Institutional Career of the ACSU Project 73 Chapter 5. The Insular Cosmopolitanism of Expatriate Staff 97 Chapter 6. Afghan Staff, the Brokers of the Intervention 122 Chapter 7. Selecting between Non-nationals: Negotiating the Status

of Afghans in Iran 141 Chapter 8. Confronting State Sovereignty: Camp Closure in Pakistan 167 Chapter 9. Emplacing Returnees in Afghanistan 199 Chapter 10. The Authority of Expertise 223 Chapter 11. Surveillance as Protection - or Protection as Surveillance? 248 Conclusion 275 Glossary 286 References 288 Index 311

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Introduction

A United Nations (UN) agency set up after the Second World War to oversee the application of the 1951 Refugee Convention, the office of the United Nations High Commissioner for Refugees (UNHCR) has the mission to find ‘international protection’ for migrants' who have lost the protection of the state to which they belong. Whilst the UNHCR’s initial mandate was restricted to refugees in Europe, it now operates worldwide. Although the organisation used to be primarily active in the legal and diplomatic spheres, its large-scale expansion during the 1990s was accompanied by an increase in its humanitarian activities. Today, the UNHCR is a huge bureaucracy operating in 135 countries and responsible for some 90 million people whom the agency terms ‘displaced’. It is also the core component of a larger mechanism for the government of refugees, which has also become highly institutionalised and extends throughout the world. It now involves a multiplicity of actors in diverse capacities — states, nongovernmental organisations (NGOs), think tanks, local advocacy organisations and others whose work is framed by the 1951 Convention.

This volume presents a political anthropology of the UNHCR. Its aim is to understand this UN agency and its activity. How does the UNHCR operate? In what ways does it exercise its power? What is the impact of its activity? These questions arose for me following my degree in international relations. On the one hand, sympathetic to UN and humanitarian values, I saw the UNHCR as a potential career path. On the other hand, I was troubled by the vehement criticism to which the organisation had been subject since the 1990s. My research project emerged from the desire to understand the impact of the UNHCR’s activity on the basis of my own experience as an apprentice officer by studying the organisation’s internal functioning.

In answer to these questions, this study focuses on the UNHCR’s intervention in the Afghan crisis during the 2000s. This was (and remains) a key crisis for the UNHCR. For over thirty years, Afghans have constituted

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the largest refugee population in the world, only surpassed in recent years by Syrians.* Even before Afghanistan was ravaged by four decades of conflict, it was already one of the world’s poorest countries, and migration was a widespread subsistence strategy. The UNHCR intervened in the region in the early 1980s, following the Soviet invasion of the country, and it based itself mainly in Pakistan. By the end of the 1980s, the organisation had reported some six million refugees, mainly resident in Iran and Pakistan. Following the overthrow of the Taliban regime, immediately after the 9/11 attacks, a UNsponsored reconstruction project aimed at re-establishing political stability in Afghanistan was initiated. It was in this context that the UNHCR established the biggest repatriation and reintegration programmes in its history. But in 2008 the organisation was still reporting some three million refugees (one-seventh of the Afghan population according to current estimates, and one-tenth of the persons under the UNHCR’s mandate), while Afghanistan was once again plunged into conflict.

In order to understand how the UNHCR’s policies are developed and organised, between 2006 and 2008 I conducted an ethnographic study in the organisation’s offices in Geneva and Kabul, cities that in the mid-2000s represented the nerve centres of multilateralism and international aid. The study began with an internship at the UNHCR Headquarters in Geneva, at the Afghanistan Desk (March—July 2006). Under the United Nations Volunteers programme, I was then taken on in the Kabul Branch Office, where as Donor Reporting Officer I was responsible for relations with funders and writing memos for external circulation (April 2007—March 2008). During this period I was able to observe the work of the UNHCR in process, to grasp the dispersed nature of its bureaucratic apparatus and to dissect its internal functioning, the technocratic procedures through which the UNHCR wields its authority and the relations it maintains with its many interlocutors.

The linking theme of this study is an innovative project, devised in 2003, that aimed to promote ‘comprehensive solutions to Afghan displacement’. The project was original in its recognition of mobility as indispensable for Afghans’ subsistence, and as an irreversible phenomenon. While the ‘traditional solutions’ implemented by the UNHCR (integration, ‘resettlement’ or ‘repatriation’) always entail the sedentarisation of people fleeing conflict, this strategy proposed that mobility should be incorporated into the solutions. I was able to shadow the two authors of this project when they were posted in Geneva and when they were assigned to the Kabul office, where they directed the Afghan Operation between 2007 and 2009. I was thus able to follow this innovative strategy from its conception to its implementation, and the obstacles that it encountered that ultimately prevented it from shifting the organisation’s nation- and state-centred vision of the world.

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Introduction © 3

Retracing the trajectory of this project offers a way to grasp the UNHCR in its material nature as a network of offices and agents linked together by bundles of practices and a bureaucratic habitus. Rather than being a monolithic entity acting in accordance with a single line of thinking, as it is often presented and as it presents itself, the UNHCR thus emerges as a polymorphous, multi-positioned bureaucratic apparatus, shaped from within by its multiple contexts of intervention and by the topography of broader power relations.

Moreover, tracking this project highlighted the limitations of a mission that leads the UNHCR to reproduce the (nation-based) order at the root of the ‘problem’ that it was set up to resolve. While this groundbreaking project testifies to the organisation’s capacity to innovate and reflect on its activity, the obstacles it encountered also reveal a paradox: the UNHCR seeks to assist migrants, but sets its work in the same state-centred, sedentary order that restricts movement and gives meaning to and legitimises the organisation’s existence and mission. In other words, the interstate nature of the organisation justifies the existence of the UNHCR and its universalist moral claims, but by the same token, it limits the UNHCR’s repertoire of action and its range of options, making the problem it is designed to solve insoluble. The attempt to incorporate Afghan migrants into a state jurisdiction thus contributes to a mechanism aimed at their emplacement in Afghanistan, and the containment and illegalisation of Afghan mobility.

Liisa Malkki (1992) has shown how the international refugee regime is rooted in the UN system, which propagates a sedentary and territorialised view of identities and constructs mobility as a problem. My study shows that the nation-based order substantially restricts the UNHCR’s activities, but also shapes the way in which the organisation changes the world. Structured by a sedentary, state-centred rationale, the effect of the UNHCR’s activity is to implant the national order and consolidate the allegedly ‘superior’ liberal-democratic model of the state. By acting on states, migrants and collective imaginaries, the UNHCR’ interventions in fact imprint the nation-based order on the material and/or symbolic levels.

The UNHCR and the international refugee regime continued to evolve during the 2010s. The use of big data, the requirement for ‘evidence-based policy’, the New Public Management turn and attention to environmental issues, for example, were reinforced; since 2015, the so-called ‘refugee crisis in Europe and, more recently, the Ukrainian crisis have forced the organisation to devote more attention and resources to the continent; the organisation’s interventions are more strongly influenced by the ‘cluster’ system; and the aims of the 2019 Global Compact on Refugees now shape its language. In Afghanistan, the takeover by the Taliban put a definitive end to the two-decade international intervention and was followed by an unprecedented economic and food crisis. But these developments in no way change the conclusions

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of my study, either concerning the UNHCR’s functioning or concerning the structural limitations of the international refugee regime. The configuration is the same: a country in crisis, major migration flows, few possibilities of residence elsewhere, an organisation trapped in global power relations and its nation-based view of the world that prevents it from accepting the fundamental characteristic of those who are its concern — their mobility.

Although less studied than the major international economic and development organisations, the UNHCR has been the subject of a number of studies in international relations (Barnett 2001; Betts 2009a, 2009b; Garnier 2014; Gilbert 1998; Hall 2013; Hammerstad 2014; Lavenex 2016; Loescher 1993, 2001a, 2001b; Loescher et al. 2008; McKittrick 2008; Roberts 1998). These studies highlight its endeavour to remain autonomous of states, that are seen as factors determining constraint and opportunity, and they emphasise the influence of interstate relations on the UNHCR’s policies. But they tend to reify the organisation, presenting it as a disembodied, monolithic actor, and to overlook the actors and arenas that do not belong to the interstate sphere.

More recently, social science studies have documented the UNHCR’s functioning and the consequences of its activities. Some of these studies (which are often critical) shed light on the organisation’s work of containing mobility and screening migrants that they see as major forms of domination during the post-Cold War era (Agier 2003, 2011; Barnett 2001; Duffield 2008; Harrell-Bond 1986; Scheel and Ratfisch 2014). Focusing mainly on refugee populations and contexts of intervention, they pay little attention to the organisation’s internal workings. Nor are the effects of the UNHCR’s activities outside the management of migration taken into consideration. Other studies, by contrast, explore the organisation’s functioning on the basis of internal empirical studies or detailed analyses of certain procedures (Cole 2018; Crisp 2017; Fresia 2010, 2012; Glasman 2017; Hyndman 2000; Jacobsen and Sandvik 2011; Morris 2017; Sandvik 2011; Valluy 2009). These studies ‘unveil’ the UNHCR, taking us from preparatory meetings for the Executive Committee to asylum application hearings in France and to the evaluation of resettlement applications in Kampala; they decipher the classification operations, the mechanisms of accountability or the creation of a professional identity among expatriate staff. They thus reveal the plurality and diversity of the contexts, procedures and agents that underpin the organisation’s functioning, and they furnish a more fine-grained understanding of a number of specific facets of its activity. But the larger structural effects of this complex institutional activity often remain unexplored.

Based on embedded ethnography and analytical tools derived from anthropology and political sociology, the approach taken in this study is both empirical and encompassing. Its aim is to grasp the impact of the UNHCR’s global activity during the 2000s on the basis of a study of its internal functioning.

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Introduction ° 5

Going to the core of the UNHCR’s transglobal apparatus, following a key situation from within it, and then undertaking a process of distancing, deconstruction and contextualisation enabled me to bring several levels of analysis together: the micropolitics of practices, the institution as well as the multiscalar power relations that shape its environment and its organisation (relations that encompass, but are not limited to, the interstate system).

After a chapter that presents the theoretical and methodological context, this book is divided into two main parts. The first part (Chapters 2-6) explores the internal functioning of the UNHCR: the organisation’s epistemic framework, its deployment across the globe, the main bureaucratic procedures underpinning it, and its agents (expatriate and so-called ‘local’ staff). The second part (Chapters 7-11) examines the UNHCR’s work with Afghan refugees: the procedures used to identify ‘refugees’, the repatriation programme, the programme for reintegration in Afghanistan, the production of consistent narratives on Afghan mobility, and the administrative surveillance mechanisms the organisation put in place. Each of these chapters seeks both to understand an important aspect of how the UNHCR operates and/or wields its authority, and to grasp the complex and ambivalent, tense and entangled relationship that the organisation maintains with the interstate system.

1. In this study, I use the term ‘migrant’ in the sociological sense of a person who migrates. I therefore use it to denote all Afghans who migrate, including those who are the focus of the UNHCR’s activity. When I use the term ‘migrant’ as a label in the context of immigration policy, I place it in inverted commas. For more on the institutional labelling of individuals who migrate, see Chapter 7.

2. This evaluation does not take Palestinian refugees into account, because they are the focus of a dedicated UN agency: the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA).

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Chapter 1 0101010,0

This chapter presents the theoretical and methodological foundations of my research.’ I describe how I developed an approach to the UNHCR that allowed me to grasp the significance of the organisation's activity worldwide during the 2000s, through a study of its internal functioning. I propose the term ‘bureaugraphy to describe my research process. This term articulates the way in which I conceptualised the UNHCR as a bureaucratic structure operating on a planetary scale, constructed this international organisation as an object of analysis, studied it ethnographically and located it in a political configuration broader than the system of interstate relations.

My approach was informed by the reflections of Michael Barnett and Martha Finnemore (Barnett and Finnemore 2004). However, while these authors argue that the activity of international organisations can be understood by thinking of them as bureaucracies, I consider the bureaucracy of the UNHCR from a more empirical point of view, as concrete material that can form a basis for ethnographic analysis. Unlike states, whose machinery is not comprised solely of bureaucratic bodies and that govern large territories, international organisations are materialised primarily through their offices and their staff. Apart from its Executive Committee, which meets once a year in the Palace of Nations in Geneva in the presence of representatives of member states, at the time of my study the UNHCR consisted concretely of a body of around 7,000 employees and some 300 offices spread over 110 countries. The offices, in effect, constitute the UNHCR’s ‘territory’, being the only spaces the organisation is free to shape at its discretion.

While it underscores the centrality of bureaucracy in my approach, the term ‘bureaugraphy also states a position: a UN bureaucracy can be the subject of ethnographic study just as much as a community or a tribe. The term thus

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highlights a specific theoretical approach in political anthropology: treating different forms of organisation and exercise of power in the same way and on an equal footing, whether they are centred on relationships between individuals or organised around offices dominated by computers and stacks of files. While several authors have already demonstrated the pertinence of an ethnographic approach to bureaucratic institutions (Abélés 1992; Latour 2010; Weller 2018), the use of the term bureaugraphy rather than ethnography articulates the theoretical regeneration of anthropology, as it reorients a method initially developed to study remote ethnic groups towards familiar institutions.

Following an introductory discussion of the renewal of international organisation studies, I present my own research process in four stages.’ I first explain how I ‘uninstituted’ the UNHCR and constituted its dispersed bureaucratic structure as a field. I then show how I defined the limits of my field and describe the process whereby I moved from localised observation to reflect on the organisation as a whole. Finally, I describe the essential process of epistemological distancing that enabled me to produce anthropological, rather than expert knowledge on the UNHCR.

The Regeneration and the Challenges of International Organisation Studies

International organisation studies has been revitalised in recent years, at the level of both methods and themes. While international relations studies is certainly a rich field, from the point of view of a social scientist, it tends to be overly positivist and state-centred.* There is now a growing body of literature documenting the internal operation and forms of authority of international organisations, based on empirical research, discourse analysis and archive studies. Four issues of the journal Critique Internationale* testify to this trend, which arises in the context of a broader theoretical shift in the social sciences, with the development of tools to grasp international and large-scale objects of study (Burawoy 2000; Siméant-Germanos 2012).

These studies have helped to open the ‘black box’ of international organisations by situating them in a context more complex than the system of states. They reveal the actors who interact within them (officers, diplomats, experts, etc.), their careers (Ambrosetti and Buchet de Neuilly 2009; Pouliot 2006), and the practices and routines underpinning their operation (Abélés 2011; Bendix 2012). While historians shed light on the processes of institutionalisation (Karatani 2005; Kott 2011), sociologists reveal an open and porous institutional space, situated at the crossroads between national and international arenas, traversed by transnational circulations of ideas, norms and knowledges, a site of negotiation between diverse understandings and interests (Abélés

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1995; Cling et al. 2011; Decorzant 2011; Kott 2011). International organisations are true bureaucratic entrepreneurs, and also modify their repertoires so as to establish their authority in response to changes in their environment (Fouilleux 2009; Nay 2012; Nay and Petiteville 2011). Focusing on the activity of these institutions, a number of studies emphasise the work of constructing public problems and large-scale dissemination of paradigms and codes of conduct (Andrijasevic and Walters 2010; Barnett and Finnemore 2004; Fresia 2010; Lavenex 2016; Merlingen 2003; Revet 2009), and also consider how these norms are articulated in local contexts (Merry 2006; Murray Li 2007). Many studies emphasise the production of expert knowledge, as a source of legitimacy and intellectual influence (Boome and Seabrooke 2012; Littoz- Monnet 2017; Nay 2014) and of mechanisms of depoliticisation (Ferguson 1994; Miiller 2013; Pécoud 2015).

These studies open up numerous avenues of research, but present three challenges to an empirical understanding of the activity of an international organisation. The first difficulty is to develop an understanding of the institution as both a singular, integrated entity and an arena, a complex space traversed by social, political and professional relations. Most studies are forced to choose between these two approaches - the institution-actor or the institution-arena. The second challenge is to define the field: how to design a study capable of examining bodies that operate on a planetary scale, whose activities have impact at many different levels? Is it possible to go beyond the choice between case study and comparison? A few ethnographic studies manage to achieve an encompassing vision of the organisation or its activity, working from strategic sites of power or circulating within the organisation (Atlani-Duhault 2005; Fresia 2018; Mosse 2005). A third challenge is to avoid falling under the intellectual sway of the organisation. International organisations produce particularly influential discourses and norms, and the researcher’s proximity often goes hand in hand with a desire to influence the organisation's activity, and therefore to formulate more or less explicit recommendations or criticisms.

The UNHCR as an Object of Study: Uninstituting the Organisation

Many studies of the UNHCR and refugee policy are conducted from within a state-centred and normative perspective. The two myths of state sovereignty (the absolute and final power that states are deemed to have within their jurisdiction) and of national and international law (as both a lens of understanding and a regulator of reality) ultimately structure their analytical frameworks. These studies naturalise, essentialise and reify the interstate system and international institutions, creating an implicit hypothesis from the existing order.

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The UNHCR is thus seen as a homogeneous and monolithic actor, with defined outlines, and possessing its own rationality and coherence. The organisation ‘does’, ‘says’, ‘decides’, etc., as if it were reduced to its status as a moral person. Relatively disembodied, abstracted from any context, it seems to act like a deus ex machina from above, somewhere ‘up there’, over the top of states. The interstate character of the UNHCR forms the foundation for analysis of the way in which it works, and the 1951 Refugee Convention with its principle of nonrefoulement appears sufficient for explaining its activity. Internal operation is governed by the organisation’s statutes, administrative regulations, and hierarchical and operational relations between officers and offices.

Guglielmo Verdirame and Barbara Harrell-Bond’s assessment that ‘the rights of refugees have been violated by the UNHCR (2005: 332) is typical of this approach. It incorporates the assumption of the UNHCR as monolithic in its action (violating a person’s rights), which also essentialises ‘refugees’ as discernible persons who exist outside of the UNHCR’s activity and the application of law, and conceives of the law as a higher norm to which behaviours and phenomena should conform. As another example, a number of authors who have analysed the repatriation programmes managed by the UNHCR ask whether people's return was really voluntary (see, for example, Barnett 2004). Here too, the ‘voluntary nature of return’ emerges as a sacred, universally valid principle to which programmes should conform, and a criterion on which to judge the substance of the UNHCR’s action.

From the outset of my field study, I found it difficult to reconcile this normative and positivist approach with what I was observing within the institution. As an organisation, the UNHCR only existed in the form of multiple offices and officers, among whom tensions regularly arose. These often derived from different understandings of the organisation's priorities, and of how the principles of international law were to be interpreted and realised. How, then, was the institution UNHCR to be constructed as an empirically ‘studiable’ object?

It was in Michel Foucault’s theory of power that I found the tools to ‘blow apart’ the institution and work on the basis of what remained: the operation of its bureaucratic infrastructure. Foucault exhorts us to dejuridicise and deinstitutionalise our approach to politics (Foucault 1979; Abélès 2008):

It is this image that we must break free of, that is, of the theoretical privilege of law and sovereignty, if we wish to analyze power within the concrete historical framework of its operation. (Foucault 1979: 90)

The viewpoint is thus reversed: it is the state and its laws that are to be explained in terms of relations of power, not the other way around. The state and its laws are a ‘terminal form’ (Foucault 1979: 94) in which relations of power are crystallised. In this sense, compared with normative and state-centred ap-

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proaches, the Foucauldian approach inverts the relationship between norms and practices: it is not the norm that determines or explains practices, but practices that make, unmake and modify the norm. Foucault contrasts the juridical view of politics with a conception of power as a ‘mode of action upon actions’, and with an analysis of positive mechanisms as they are played out and produced in the relations that run through societies and institutions. He invites us to grasp ‘the most immediate, most local power relations that are at work’ (1979: 97) by way of an ‘ascending’ process, starting from detailed analysis of the most infinitesimal mechanisms of power.

If power traverses institutions rather than being embodied in them, then the ethnographer is in a position to offer valuable insight, since they have the tools to go beyond official documents, and hence beyond the image of order and coherence that the organisation presents. Overturning the myths of state and law paves the way for uninstituting and disassembling the organisation. It then becomes possible to approach it in its actual form, that is, as a translocal bureaucracy that operates through offices, officers and procedures linked by clusters of practices and relations that can be observed locally. Indeed the UNHCR’s activity takes shape and acquires meaning in the density of relations (meetings, discussions, professional relationships, friendships and rivalries) and in the materiality of offices (meeting rooms, workspaces and corridors), texts (writing occupies much of employees’ time, whatever their role) and institutional procedures (for example, circulation of staff). The growing number of recent social science works that base their study of state institutions on observation of bureaucratic procedures, such as the production of documents (Dubois 2012; Hull 2012; Mosse 2005; Sharma and Gupta 2006; Shore and Wright 1997; Weller 2018), encouraged me to take this approach.

Fieldwork within a Dispersed Bureaucracy

Once the UNHCR is constructed as an object open to ethnographic analysis, the question arises as to what kind of fieldwork can be contemplated within this dispersed bureaucracy. Challenges to the assumption of territory/culture isomorphism that long held sway in anthropology have shaken up the binary oppositions that underpinned the perception of the field (here/there, self/other). The question facing ethnographers today is the relevance and the heuristic potential of ethnographic research - a method based on prolonged immersion that calls for close-up observation — when the research context is not territorially circumscribed, and the increasingly interconnected world often constitutes the background of the phenomenon being studied (cf. Gupta and Ferguson 1997b). How, then, are large-scale phenomena, or processes and institutions with a scant territorial base, to be studied?

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In response to these questions, George Marcus (1995) suggests multiplying sites of investigation in order to follow flows, objects and histories; others have shown that a well-organised localised study can be used to approach and examine large-scale phenomena. Michael Burawoy (2000, 2001), for example, proposes that globalisation can be grasped ethnographically by finding ways to observe, at the local level, connections (or disconnections) between global-level actors and processes. This enables him to portray globalisation as a phenomenon that is more contingent and less inexorable than is commonly imagined, emerging out of conflictual processes negotiated within a ‘global chain’ and between its ‘nodes’.

My methodology draws from these two approaches and involves three phases." The first was the entry into an institutional space, defined by features such as a professional habitus, specific frames of understanding of the world and an esprit de corps. Becoming integrated into this space required a phase of apprenticeship. I had, for example, to rapidly learn the meaning of acronyms: widely used, they form a language closed to anyone not integrated into the space of shared professional knowledge. The second phase was that of circulating within the institution. My main shift was the transfer from headquarters in Geneva to the Kabul office. As I spent the longest time there and was able to participate more fully in the institution’s activities, this experience forms the core of my research. An internship in the Rome office prior to beginning my research, visits to Sub-Offices in Bamyan and Jalalabad and UNHCR project sites in Afghanistan, participating in meetings with other bodies, and more broadly my stay in Kabul as well as my periods of leave, when I lived and travelled as an ‘expat’, all form part of my fieldwork. This ended when I left the UNHCR, which constitutes the third and last phase.

My research took place in a situation of intense personal involvement that can be described as embedded ethnography. Following a degree in international relations, the UNHCR seemed a potential career prospect, since I saw UN and humanitarian values as close to my own. On the other hand, I also found the virulent criticism the organisation had been subject to since the 1990s troubling. My research project emerged out of a desire to understand the reach of the UNHCR’s activity, on the basis of my own experience as an apprentice officer. Thus, during my fieldwork, the roles of apprentice UN officer and ethnologist merged, as the two projects (professional work experience and research study) developed in parallel, with true interest in each of them.

My status as an embedded observer enabled me to conduct a long ethnography within the institution without having constantly to negotiate access. The period of one year, traditionally recommended in anthropology handbooks, proved particularly apposite for studying the UNHCR, as its internal rhythm is determined by the financial year, and its programmes in Afghanistan are strongly influenced by changes of season. My superiors were very open to