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UNHCR Handbook for Emergencies - UNHCR eCentre

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276<br />

during and after their return, negotiating<br />

amnesties, establishing a presence in the country<br />

of origin and monitoring their treatment.<br />

The issue of material assistance requires careful<br />

handling, so that assistance is not interpreted<br />

as a pull factor nor as promotion of repatriation<br />

by <strong>UNHCR</strong>.<br />

10. Where there is a mass spontaneous<br />

repatriation in conditions where <strong>UNHCR</strong> does<br />

not consider that, objectively, it is safe <strong>for</strong><br />

most refugees to return, and in emergency<br />

conditions, Headquarters advice should be<br />

sought to define <strong>UNHCR</strong>’s role in such circumstances.<br />

Conditions For a Voluntary<br />

Repatriation<br />

11. In a voluntary repatriation, there must be:<br />

◆ Safeguards as to the voluntary nature of the<br />

return;<br />

◆ Safeguards as to treatment upon return;<br />

◆ Continued asylum <strong>for</strong> those who do not<br />

repatriate and remain refugees.<br />

Voluntary Nature of the Return<br />

12. Ensuring the voluntary nature of the return<br />

includes ensuring<br />

i. The decision to repatriate is made freely;<br />

ii. The refugees are making an in<strong>for</strong>med decision<br />

based on an accurate country profile;<br />

iii. The decision is made expressly.<br />

13. Voluntariness must be viewed in relation<br />

both to conditions in the country of origin<br />

(calling <strong>for</strong> an in<strong>for</strong>med decision) and the situation<br />

in the country of asylum (permitting a<br />

free choice).<br />

Voluntariness means there should be no<br />

pressure on the refugee to repatriate.<br />

14. A field office should analyze both factors,<br />

relying <strong>for</strong> the first, to a large extent, on<br />

direct interviews with all segments of the<br />

refugee community, including women. Consider<br />

refugee attitudes both towards changed<br />

circumstances in their home country and towards<br />

the situation in the country of asylum.<br />

15. Voluntariness also means that the<br />

refugees should not be prevented from returning.<br />

In certain situations, economic and political<br />

interests in the country of asylum may lead to<br />

interest groups trying to prevent repatriation.<br />

16. What ever the nature of the repatriation,<br />

the refugees should be kept fully in-<br />

<strong>for</strong>med of the situation in the country of origin<br />

in order to guarantee the voluntary nature<br />

of the return. Though refugees are often<br />

already well in<strong>for</strong>med, it may be necessary to<br />

provide additional in<strong>for</strong>mation on the situation<br />

in their home country.<br />

17. In<strong>for</strong>mation should be available about<br />

their planned reception and prospects <strong>for</strong><br />

reintegration into national life. They will<br />

want to know if they have the right to repossess<br />

their old houses and land, what the<br />

type and amount of material support they<br />

will initially receive, what they can take with<br />

them, etc.<br />

18. Many of their questions may be best<br />

answered by:<br />

i. Arranging <strong>for</strong> refugee representatives (including<br />

women) to make a visit to the home<br />

area to see the situation at first hand, if this<br />

is possible (go and see visits);<br />

ii. Assisting with the exchange of letters;<br />

iii. Enabling communication by radio with relatives<br />

in the country of origin;<br />

iv. Displays of in<strong>for</strong>mation about home conditions;<br />

v. Formal or in<strong>for</strong>mal discussions with recent<br />

visitors to the area of return, or through<br />

visits to the refugee camps of returnees or<br />

country of origin local authorities.<br />

19. Whatever the method, care must be<br />

taken to ensure that the refugees are given as<br />

fair (and objective) a picture as possible of<br />

conditions in their home area.<br />

20. The refugees must freely express their<br />

intent to repatriate. They may be unused to<br />

taking individual or family decisions of this<br />

nature, but programmes must be structured<br />

so that their rights in this regard are safeguarded,<br />

<strong>for</strong> example by using volrep declaration<br />

<strong>for</strong>ms.<br />

21. In instances of organized return, the use<br />

of a voluntary repatriation declaration <strong>for</strong>m is<br />

recommended (see Annex 1). Where there is<br />

any risk of coercion, either from outside or by<br />

factions among the refugees, the <strong>for</strong>m should<br />

be signed in private in front of a <strong>UNHCR</strong> officer<br />

or other neutral witness. He or she may<br />

need to interview the refugees to ensure that<br />

their decision is truly voluntary. Where circumstances<br />

allow, more in<strong>for</strong>mal confirmation of<br />

voluntariness than these may be used and<br />

simple lists of names may suffice.

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