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Author: Marjoleine Zieck
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104090
Category : Law
Languages : en
Pages : 516
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Book Description
Voluntary repatriation of refugees is generally considered to be the preferred, even ideal, solution to what is traditionally designated 'the problem of refugees'. Its popularity may also be inferred from the fact that the United Nations High Commissioner for Refugees has declared the nineties to be the 'decade of voluntary repatriation'. This study attempts to analyze the legal meaning of voluntary repatriation, its place within the framework of universal refugee law, & whether or not it deserves to be called an ideal solution. The focus is on UNHCR--the agency which is mandated to assist in the voluntary repatriation of refugees--as the constant & recurrent actor in the practice of organized largescale repatriations. The study comprises a brief historical analysis of the events which preceded the adoption by the General Assembly of the Statute of the High Commissioner with its reference to voluntary repatriation, the evolution of the High Commissioner's mandate over the past 45 years, as well as four case studies: the voluntary repatriation of Cambodian refugees in 1980 and, again, in 1992 & 1993; of Iraqi (Kurdish) refugees in 1991; & of Mozambican refugees (from Malawi) in 1993-1995.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337
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Book Description
This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Author: Richard Black
Publisher: Berghahn Books
ISBN: 0857457187
Category : Social Science
Languages : en
Pages : 285
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Book Description
At the start of the 1990s, there was great optimism that the end of the Cold War might also mean the end of the "refugee cycle" - both a breaking of the cycle of violence, persecution and flight, and the completion of the cycle for those able to return to their homes. The 1990s, it was hoped, would become the "decade of repatriation." However, although over nine million refugees were repatriated worldwide between 1991 and 1995, there are reasons to believe that it will not necessarily be a durable solution for refugees. It certainly has become clear that "the end of the refugee cycle" has been much more complex, and ultimately more elusive, than expected. The changing constructions and realities of refugee repatriation provide the backdrop for this book which presents new empirical research on examples of refugee repatriation and reconstruction. Apart from providing up-to-date material, it also fills a more fundamental gap in the literature which has tended to be based on pedagogical reasoning rather than actual field research. Adopting a global perspective, this volume draws together conclusions from highly varied experiences of refugee repatriation and defines repatriation and reconstruction as part of a wider and interrelated refugee cycle of displacement, exile and return. The contributions come from authors with a wealth of relevant practical and academic experience, spanning the continents of Africa, Asia, Central America, and Europe.
Author: Megan Bradley
Publisher: Cambridge University Press
ISBN: 1107311144
Category : Political Science
Languages : en
Pages : 307
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Book Description
Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis, and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.
Author: Marjoleine Zieck
Publisher: Martinus Nijhoff Publishers
ISBN: 9004640819
Category : Law
Languages : en
Pages : 512
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Book Description
Voluntary repatriation of refugees is generally considered to be the preferred solution to what is referred to as the problem of refugees. This study attempts to analyze the legal meaning of voluntary repatriation, its place within the framework of universal refugee law, and whether or not it deserves to be called an ideal solution. The focus of the text is on UNHCR - the agency which is mandated to assist in the voluntary repatriation of refugees - as the constant and recurrent actor in the practice of organized large-scale repatriations. A brief historical analysis is followed by four real-life case studies of the voluntary repatriation: of Cambodian refugees in 1980 and again in 1992 and 1993; of Iraqi (Kurdish) refugees in 1991; and of Mozambican refugees (from Malawi) in 1993-1995.
Author: Marjoleine Zieck
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041104090
Category : Law
Languages : en
Pages : 516
Get Book Here
Book Description
Voluntary repatriation of refugees is generally considered to be the preferred, even ideal, solution to what is traditionally designated 'the problem of refugees'. Its popularity may also be inferred from the fact that the United Nations High Commissioner for Refugees has declared the nineties to be the 'decade of voluntary repatriation'. This study attempts to analyze the legal meaning of voluntary repatriation, its place within the framework of universal refugee law, & whether or not it deserves to be called an ideal solution. The focus is on UNHCR--the agency which is mandated to assist in the voluntary repatriation of refugees--as the constant & recurrent actor in the practice of organized largescale repatriations. The study comprises a brief historical analysis of the events which preceded the adoption by the General Assembly of the Statute of the High Commissioner with its reference to voluntary repatriation, the evolution of the High Commissioner's mandate over the past 45 years, as well as four case studies: the voluntary repatriation of Cambodian refugees in 1980 and, again, in 1992 & 1993; of Iraqi (Kurdish) refugees in 1991; & of Mozambican refugees (from Malawi) in 1993-1995.
Author: Jeff Crisp
Publisher:
ISBN:
Category : Refugees
Languages : en
Pages : 34
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Book Description
This working paper examines the issue of encouraging the voluntary repatriation of African refugees to their country of origin. The paper is in three parts: 1) Ethiopian Refugees in Djibouti; 2) Ugandan Refugees in Sudan and Zaire; and 3) Conclusions and Recommendations. In part one, the author outlines the causes of exodus of Ethiopian refugees and the efforts that have been made, with UNHCR assistance, to repatriate them. He expresses doubt about the willingness of the refugees to return and concern about their eventual safety. In part two, he gives the background to the situation of Ugandan refugees since 1980, and describes attempts to repatriate them with the assistance of UNHCR and voluntary agencies. He argues that since conditions in their countries of origin have not changed, the safety of Ethiopian and Ugandan refugees cannot be guaranteed. He concludes therefore, that enthusiasm among the international community for voluntary repatriation programmes has been against the interests of the refugees themselves. Among the author's recommendations are: voluntary repatriation programmes should only be initiated once refugees express a desire to return; refugees should be given full information on conditions in their country of origin; resettlement should be monitored by independent voluntary organizations; repatriation should be linked to long-term assistance programmes; and, maximum refugee participation in planning repatriation programmes should be sought.
Author: United Nations High Commissioner for Refugees. Library
Publisher:
ISBN:
Category :
Languages : en
Pages : 327
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Book Description
Foreword / Anne Willem Bijleveld. Voluntary repatriation : paradigm, pitfalls, progress / Marjoleine Zieck. From resettlement to involuntary repatriation : towards a critical history of durable solutions to refugee problems / B.S. Chimni. Between a rock and a hard place? A legal analysis of the voluntary repatriation of Guatemalan refugees / Yasmin Naqvi. Bosnia and Herzegovina, Croatia and Kosovo : voluntary return in safety and dignity? / Walpurga Englbrecht. Voluntary repatriation to Afghanistan - Key features / Katharina Lumpp, Shoko Shimozawa and Paul Stromberg. Return to a new country : UNHCR's repatriation operation in Timor from 1999 to 2003 / Andreas Wissner. Angola : a model repatriation programme? / Kallu Kalumiya. Conclusions on voluntary repatriation, Executive Committe of the High Commissioner's Programme. Sample Voluntary Repatriation Tripartite Agreement. Note on voluntary repatriation, global consultations on international protection. Dialogue on voluntary repatriation and sustainable reintegration in Africa, discussion papers. International instruments. Bibliography.
Author: Gervase Coles
Publisher:
ISBN:
Category : Refugees
Languages : en
Pages : 0
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Book Description
This background study was prepared for the Round Table on Voluntary Repatriation convened by the United Nations High Commissioner for Refugees in co-operation with the International institute of Humanitarian Law, San Remo, 16-19, July 1985. It examines the requirements of the principle or rule of non-refoulement prohibiting expulsion in circumstances which can be gravely detrimental to the individuals involved. The term voluntary is used in connection with a freely formed decision in regard to conditions generally, and repatriation to encompass all forms of return. The particular problem of return which is the focus of this paper is that which exists where there is, or has been, an obstacle to return, either because the persons involved have been expelled or excluded from their own country or because they have been obliged to flee or remain abroad because of a well-founded fear in relation to such basic aspects as life, physical integrity or liberty. The paper considers the repatriation of prisoners of war as well as civilians. The study also includes cases of the return of asylum-seekers or of persons caught up in the refugee movement who are denied refugee status. It does not examine repatriation other than that across international frontiers. The role and responsibilities of all the parties concerned are analyzed from a material and legal point of view. In the first section, there is a detailed, lengthy description of recent experience and practice concerning voluntary repatriation during the last sixty-five years. After, the paper considers the principles and rules of international law and mandatory responsibilities of international organizations which are relevant to voluntary repatriation and how international law and policy can be developed to promote in practice for the relevant parties at the national and international levels. A number of propositions are listed concerning potentially useful measures.
Author: Rebecca Hamlin
Publisher:
ISBN: 9781503610606
Category : Law
Languages : en
Pages : 208
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Book Description
The first in-depth exploration of the persistence and pervasiveness of a dangerous legal fiction about people who cross borders: the binary distinction between migrant and refugee. Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a conceptual dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. The decision to leave home is almost always multi-causal and often involves many stops and hazards along the way--a reality not captured by a system that categorizes a majority of border-crossers as undeserving, and the rare few as vulnerable and needy. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions upon which the binary relies, and explains its endurance and appeal by tracing its origins to the birth of the modern state and the rise of colonial empire. The migrant/refugee binary is not just an innocuous shorthand, indeed its power stems from the way in which is it painted as objective, neutral, and apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants, to interrogate their own assumptions and move towards more equitable advocacy for all border crossers.
Author: G.S. Goodwin-Gill
Publisher:
ISBN:
Category :
Languages : en
Pages : 37
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Book Description
This study is an preliminary analysis of the legal and political issues of voluntary repatriation. In the introduction, the author puts the concept of voluntary repatriation back in the context of durable solutions for refugees and notes that the promotion of voluntary repatriation is increasingly discussed in the search for more composite formulas covering every manifestation of the refugee phenomenon. The legal relationships in the pre-repatriation period are then examined. Firstly, the country of origin and the refugee; in this framework two legal issues are discussed: the right to return, stressed by several General Assembly Resolutions, and the concept of nationality, considered by the International Court of Justice as of fundamental importance in the relationship between people and territory, and the implications which that has both for sovereignty and for the responsibility of the state. Secondly, the country of refuge and the refugee: states are bound by the principle of non-refoulement and are obliged to treat refugees according to certain minimum standards deriving in particular from the rules and principles which enjoin respect and protection of human rights; UNHCR, in the exercise of its functional protection, represents the (legal) interest of the international community by ensuring that international obligations are observed. Thirdly, the country of refuge and the country of origin: the legal relations are based on the fact that a state of origin retains obligations in regard to its nationals, while a state of refuge retains obligations in regard to foreign nationals, including refugees; if a 'dispute' exists between them, it must be solved in accordance with relevant principles of general law, for instance peaceful settlement of dispute. The author briefly presents the facilitation of voluntary repatriation as included in two legal instruments: the OAU Convention 1969, and the 1980 UNHCR Executive Committee Conclusion which gives the basic conditions that lead to a voluntary repatriation movement. A narrative review of the 1983-84 repatriation plan for Ethiopian refugees in Djibouti follows, which illustrates the very practical measures that may be required, in addition to formal legal or political initiatives. Next, the author considers how appropriate mechanisms may be developed within the existing international organizations to promote voluntary repatriation and to create or galvanize the necessary political will of both sides. Particular reference is given to the role of UNHCR within the limits of the entirely non-political character of its mandate. However, the 1985 Executive Committee Conclusion recognizes that UNHCR's mandate is broad enough to enable the Office to take all appropriate initiatives, including those which might promote favourable conditions. The author concludes by suggesting some objectives and guidelines based on the belief that there is an important qualitiative distincion between promoting the necessary political will in the inter-state context, and the individual will of refugees.
