UNHCR Handbook for Emergencies - UNHCR eCentre

In cases of massive spontaneous return,
completion of a voluntary repatriation form
will not be realistic and UNHCR must position
officers along the routes of return to
monitor, interview and intervene where
necessary to determine if instances of coercion
are taking place.
Treatment on Return
22. The durability of voluntary repatriation
depends, to a large extent, on the protection
given to returnees during their reintegration
into their home country.
23. The state of origin bears responsibility
for the protection of returnees, its nationals.
However, UNHCR involvement with returnees
is justified by virtue of its protection role on
behalf of refugees and the Office’s statutory
responsibility to seek voluntary repatriation as
a durable solution for refugees.
24. UNHCR cannot guarantee safe treatment
to the returnees, though they will often request
such assurances. UNHCR’s involvement
with returnees is set out in more detail in the
UNHCR Handbook, the Voluntary Repatriation
Handbook, which includes information on
amnesties and monitoring.
Amnesties, Assurances, Guarantees
25. In any voluntary repatriation, appropriate
legal safeguards are essential. UNHCR
recommends that, in addition to conditions
set out in a repatriation agreement, governments
independently promulgate amnesties
or legal guarantees for returnees. Such declarations
should include the right to return,
freedom of residence, and the provision of an
amnesty. As a minimum, they should stipulate
that returnees not be subjected to any punitive
or discriminatory action on account of
their having fled their country.
26. If the government consults UNHCR when
drawing up an amnesty, it is particularly
important to propose that the amnesty should
be both:
i. A group amnesty – the amnesty should be
extended on a group basis, rather than requiring
individual determination;
ii. A blanket amnesty – the amnesty should
whenever possible be a blanket one, not distinguishing
between different types of prior
‘crimes’. Such distinctions can create major
problems, for example in a situation where a
clear differentiation between political and
criminal offenses may not be possible. Unless
the amnesty is a blanket one, repatriates
may not know if they are covered until they
return, which may be too late. If a complete
blanket amnesty is not possible, then a time
limitation on the amnesty (offenses committed
before or after or between given dates)
should be the aim.
Monitoring
27. UNHCR must have direct and unhindered
access to returnees to monitor their safety and
reintegration conditions. This should include
access to prisons or detention centers (liaison
with ICRC and Human Rights will be important
in this regard as well as information-sharing
with other NGOs working with returnees).
28. If returnees are at risk due to inadequate
state protection, UNHCR should intervene on
their behalf as appropriate, for example by
remedial action, or formal protest at local,
national or even regional level, and ensure
there is good reporting. If the insecurity persists,
UNHCR would have to review its policy
on return.
29. UNHCR’s returnee monitoring role alone
will never provide a mechanism for ensuring
the safety of returnees and respect for international
human rights standards in the country
of return. It can be a helpful influence to
enhance respect for amnesties, guarantees,
the rule of law and human rights but should
never be seen as a substitute for state responsibility.
Continued Asylum for Those who Remain
Refugees
30. Any voluntary repatriation programme
must be complemented by measures to ensure
continued safe asylum of refugees and international
protection for those who choose to
stay longer in the country of asylum. Some
refugees may continue to harbour a wellfounded
fear of persecution and who therefore
do not wish to repatriate. There may be
others who delay their decision, or even initially
decide against repatriation, in order to
see how the first fare.
31. This may mean the continuation of any
existing operation, but for a reduced number
of beneficiaries. Local integration in the country
of asylum is the preferred option for a
residual caseload of refugees who remain after
the completion of a repatriation programme
and who are unable for one reason
Voluntary Repatriation
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