Section A. Conditions for return
Geneva Convention IV
Article 45 of the 1949 Geneva Convention IV provides:
Protected persons shall not be transferred to a Power which is not party to the Convention. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities.
Geneva Convention IV
Article 49, second paragraph, of the 1949 Geneva Convention IV provides: “Persons … evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased.”
Panmunjom Armistice Agreement
Article III(59)(a) of the 1953 Panmunjom Armistice Agreement provides:
All civilians who, at the time this Armistice Agreement becomes effective, are in territory under the military control of the Commander-in-Chief, United Nations Command, and who, on 24 June 1950, resided north of the Military Demarcation Line established in this Armistice Agreement shall, if they desire to return home, be permitted and assisted by the Commander-in-Chief, United Nations Command, to return to the area north of the Military Demarcation Line; and all civilians who, at the time this Armistice Agreement becomes effective, are in territory under military control of the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers, and who, on 24 June 1950, resided south of the Military Demarcation Line established in this Armistice Agreement shall, if they desire to return home, be permitted and assisted by the Supreme Commander of the Korean People’s Army and the Commander of the Chinese People’s Volunteers to return to the area south of the Military Demarcation Line.
Article III(59)(b) contains similar provisions for civilians of foreign nationality.
Protocol 4 to the European Convention on Human Rights
Article 3(2) of the 1963 Protocol 4 to the European Convention on Human Rights provides: “No one shall be deprived of the right to enter the territory of the State of which he is a national.”
International Covenant on Civil and Political Rights
Article 12(4) of the 1966 International Covenant on Civil and Political Rights provides: “No one shall be arbitrarily deprived of the right to enter his own country.”
Convention Governing Refugee Problems in Africa
Article 5(1) of the 1969 Convention Governing Refugee Problems in Africa (which expressly applies in situations of armed conflict) provides: “The essentially voluntary character of repatriation shall be respected in all cases and no refugee shall be repatriated against his will.”
American Convention on Human Rights
Article 22(5) of the 1969 American Convention on Human Rights provides: “No one shall be deprived of the right to enter the territory of the State of which he is a national.”
African Charter on Human and Peoples’ Rights
Article 12(2) of the 1981 African Charter on Human and Peoples’ Rights provides: “Every individual shall have the right … to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.”
Convention against Torture
Article 3 of the 1984 Convention against Torture provides: “No State Party shall expel or return … a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”
Indigenous and Tribal Peoples Convention
Article 16 of the 1989 Indigenous and Tribal Peoples Convention states: “Whenever possible, [displaced] peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.”
Agreement on Refugees and Displaced Persons annexed to the Dayton Accords
Article 1 of the 1995 Agreement on Refugees and Displaced Persons annexed to the Dayton Accords provides:
All refugees and displaced persons have the right to freely return to their homes of origin … The early return of refugees and displaced persons is an important objective of the settlement of the conflict in Bosnia and Herzegovina … Choice of destination shall be up to the individual or family … The parties shall not interfere with the returnees’ choice of destination nor shall they compel them to remain in or move to situations of serious danger or insecurity, or to areas lacking the basic infrastructure necessary to resume a normal life.
Sudan-IOM Memorandum of Understanding on Darfur
The 2004 Sudan-IOM Memorandum of Understanding on Darfur provides:
1. The government of the Republic of the Sudan and the International Organization for Migration:
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1.3 Recognize the importance of adhering to international humanitarian law and international human rights law in all activities related to the implementation of this memorandum of understanding.
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2. In order to pursue these common goals, the Government of the Republic of Sudan:
2.1 Confirms its policy of no involuntary return and that the primary responsibility for displaced persons in Sudan is that of the Government of the Republic of the Sudan,
2.2 Commits itself to spare no efforts in establishing the necessary security and humanitarian conditions for the phased return to their homes or elsewhere of all displaced persons in the most safe, dignified and efficient manner,
2.3 Agrees to grant to IOM and programme implementing partners full access to internally displaced persons and to the communities to which they are returning in accordance with the provision of the Joint Communique of 3 July 2004,
2.4 Agrees to provide to IOM adequate advance notice of any internally displaced persons who have indicated to the Government of the Sudan willingness to return to their area of origin and to facilitate IOM’s direct assessment and verification of the voluntariness and appropriateness of such returns.
2.5 Agrees to accept IOM determination on the voluntariness and appropriateness of returns, before returns take place,
2.6 Undertakes to protect the security of IOM staff and of the internally displaced persons, and
2.7 Appoints the Humanitarian Aid Commission (HAC) of the Ministry of Humanitarian Affairs as the government’s counterpart to IOM for the implementation of this memorandum of understanding.
3. For its part, the International Organization for Migration undertakes, subject to the available of adequate resources, to:
3.1 Determine voluntariness and appropriateness of the return of the internally displaced persons to their area of origin in accordance with international humanitarian law, international human rights law and international principles which identify the rights and guarantees relevant to the protection of displaced persons in all phases of displacement, return or resettlement and reintegration.
Kampala Convention
Article 11(2) of the 2009 Kampala Convention provides:
States Parties shall enable internally displaced persons to make a free and informed choice on whether to return, integrate locally or relocate by consulting them on these and other options and ensuring their participation in finding sustainable solutions.
Universal Declaration of Human Rights
Article 13(2) of the 1948 Universal Declaration of Human Rights states: “Everybody has the right … to return to his country.”
Tripoli Agreement between the Government of the Republic of the Philippines and the Moro National Liberation Front
Paragraph 12 of 1976 Tripoli Agreement between the Government of the Republic of the Philippines and the Moro National Liberation Front provides:
Cease-fire shall be declared immediately after the signature of this agreement, provided that its coming into effect should not exceed the 20th January 1977. A Joint Committee shall be composed of the two parties with the help of the Organization of the Islamic Conference represented by the Quadripartite Ministerial Commission to supervise the implementation of the cease-fire.
The said Joint Committee shall also be charged with supervising the following:
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c. The return of all refugees who have abandoned their areas in the South of the Philippines.
Sarajevo Declaration on Humanitarian Treatment of Displaced Persons
The 1992 Sarajevo Declaration on Humanitarian Treatment of Displaced Persons affirmed that “voluntary return with full guarantees of security and non-discrimination is the basic right of the displaced and the best means to achieve a lasting solution to their plight”.
Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina
Paragraph 4(b) of the 1992 Recommendation on the Tragic Situation of Civilians in Bosnia and Herzegovina provides: “Each party to the conflict guarantees to those who leave temporarily the territory it controls … that they have the right to return home at a later stage if they wish so.”
Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing
The 1992 Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Power-Sharing provides:
Article 23
The Broad-based Transitional Government shall implement the programme comprising the following:
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E. Repatriation and Reintegration of Refugees
Repatriate and reintegrate all Rwandese refugees who may wish to go back home, following the modalities specified in the Peace Agreement.
Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Repatriation and Resettlement
Article 2 of the 1993 Protocol of Agreement between the Government of the Republic of Rwanda and the Rwandese Patriotic Front on Repatriation and Resettlement provides: “The return is an act of free will on the part of each refugee. Any Rwandese refugee who wants to go back to his country will do so without any precondition whatsoever.”
Protocol on Tajik Refugees
In paragraph 1 of the 1997 Protocol on Tajik Refugees, it was agreed “to step up mutual efforts to ensure the voluntary return, in safety and dignity, of all refugees and displaced persons to their homes”. The parties also called upon:
the United Nations, the Organization for Security and Cooperation in Europe (OSCE) and the Office of the United Nations High Commissioner for Refugees (UNHCR) to provide assistance in order to ensure the safety of returning refugees and displaced persons and to establish and expand their presence at places where such persons are living.
Sudan Peace Agreement
Paragraph 3(a) of Chapter 4 of the 1997 Sudan Peace Agreement created several administrative structures designed,
inter alia, “to assist, repatriate, resettle and rehabilitate the displaced and the returnees”. Under Paragraph 2 of Chapter 5 of the agreement, one of the functions of the proposed Coordinating Council for the Southern States was the “voluntary repatriation of the returnees and the displaced”.
Guiding Principles on Internal Displacement
Principle 6(3) of the 1998 Guiding Principles on Internal Displacement states: “Displacement shall last no longer than required by the circumstances.”
Guiding Principles on Internal Displacement
Principle 15(d) of the 1998 Guiding Principles on Internal Displacement states that IDPs have “the right to be protected against forcible return to or resettlement in any place where their life, safety, liberty and/or health would be at risk”.
Argentina
Argentina’s Law of War Manual (1969) reproduces Article 49 of the 1949 Geneva Convention IV.
Croatia
Croatia’s LOAC Compendium (1991) provides that the evacuation of civilian persons should be “limited in time”, i.e. the return should be rapid.
Hungary
Hungary’s Military Manual (1992) provides that the evacuation of civilian persons should be “limited in time”, i.e. the return should be rapid.
Kenya
Kenya’s LOAC Manual (1997) provides that “temporarily removed persons … must be allowed to return or be brought back to their previous location”.
Madagascar
Madagascar’s Military Manual (1994) provides: “Temporarily displaced persons … should be allowed to return to their previous location.”
Philippines
The Military Directive to Commanders (1988) of the Philippines provides: “Displaced persons and evacuees shall be allowed and/or persuaded to return to their homes as quickly as tactical considerations permit.”
Philippines
The Philippine Army Soldier’s Handbook on Human Rights and International Humanitarian Law (2006) provides:
After an engagement:
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11.
Allow the evacuees to return to their homes. As soon as tactical considerations permit, the evacuees should be allowed to return to their homes.
Spain
Spain’s LOAC Manual (1996) reproduces Article 49 of the 1949 Geneva Convention IV.
Spain
Spain’s LOAC Manual (2007) reproduces Article 49 of the 1949 Geneva Convention IV.
United Kingdom of Great Britain and Northern Ireland
The UK Military Manual (1958) provides that if the occupant does transfer protected persons outside the limits of occupied territories, then “as soon as hostilities in the area in question have ceased, they must be transferred back to their homes”.
United States of America
The US Field Manual (1956) reproduces Articles 45 and 49 of the 1949 Geneva Convention IV.
Angola
Angola’s Rules on the Resettlement of Internally Displaced Populations (2001) provides:
It is the responsibility of the Provincial Governments, through the Sub-Groups on Displaced Persons and Refugees of the Provincial Humanitarian Coordination Groups, to carry out the following:
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f) To verify the voluntary nature of resettlement and return and the presence of the State Administration;
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h) To take appropriate measures to ensure … the safety and dignity of populations during movements to return and resettlement sites.
Armenia
Armenia’s Law on Refugees and Asylum (2008) states:
The principle of voluntariness must be respected by all competent bodies dealing with asylum and refugee issues, and this means that an asylum seeker or refugee:
(1) is informed of the situation of the country of his/her nationality or former habitual residence and is able to make a conscious decision on his/her return;
(2) has made a free choice to return to the country of his/her nationality or former habitual residence or to stay in the territory of the Republic of Armenia, before a final decision on his/her asylum claim is made or before cessation of recognition … [as] a refugee.
The Law defines a refugee as:
a foreign national who is compelled to leave the country of his/her nationality, or, in case of a stateless person, the country of his/her former habitual residence due to generalized violence, foreign aggression, internal conflicts, massive violations of human rights, or other serious events disrupting public order.
Bangladesh
Bangladesh’s International Crimes (Tribunal) Act (1973) states that the “violation of any humanitarian rules applicable in armed conflicts laid down in the Geneva Conventions of 1949” is a crime.
Bosnia and Herzegovina
Bosnia and Herzegovina’s Criminal Code (2003) states:
Whoever, by use of force, serious threat or in some other illegal way, on a larger scale or with a larger impact, prevents refugees and displaced persons from returning to their homes of origin, or to use their property of which they were deprived in the course of hostilities since 1991,
shall be punished by imprisonment for a term between one and ten years.
Colombia
According to Colombia’s Law on Internally Displaced Persons (1997), forcibly displaced persons have the right to return to their places of origin.
Denmark
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].
Djibouti
Djibouti’s Law on the Status of Refugees in the Republic of Djibouti (2017) provides:
CHAPTER I
GENERAL PROVISIONS
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Article 2: Definition of the term asylum seeker
Under this law, the term asylum seeker or person applying for refugee status means any person who leaves the country of his or her nationality or, if he or she has no nationality, the country in which he or she was habitually resident in order to apply for refugee status in the Republic of Djibouti and who is awaiting a decision by the relevant competent authorities on his or her application.
Article 3: Definition of the term refugee
Under this law and in accordance with the Geneva Convention of 28 July 1951 relating to the Status of Refugees and its Protocol of 31 January 1967 and the OAU Convention of 10 September 1969 Governing the Specific Aspects of Refugee Problems in Africa, the term refugee shall mean every person:
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b. who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his or her country of origin or nationality, is compelled to leave his or her place of habitual residence in order to seek refuge in another place outside his or her country of origin or nationality.
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Article 5: Cases of cessation of refugee status
The refugee status granted to a person in accordance with this law shall come to an end in the following cases:
a. he or she has voluntarily re-availed himself or herself of the protection of the country of his or her nationality, or
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e. he or she has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution, or
f. if the circumstances in connection with which he or she was recognized as a refugee have ceased to exist, then he or she can no longer continue to refuse to avail himself or herself of the protection of the country of his or her nationality, or, in case where he or she has no nationality, the country of his or her habitual residence; or
g. being a person with no nationality, if the circumstances in connection with which he or she was recognized as a refugee have ceased to exist, he or she is able to return to the country in which he or she was habitually resident.
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CHAPTER II
PROVISIONS APPLICABLE TO ASYLYUM SEEKERS
Article 11. Non-refoulement of asylum seekers
1. No person shall be returned to the frontier of, nor subjected to any measure that would require him or her to return to or remain in a territory where his or her life, physical integrity or liberty would be threatened on account of one of the reasons mentioned in article 3 of this law.
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CHAPTER III
RIGHTS AND OBLIGATIONS OF REFUGEES AND ASYLUM SEEKERS
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Article 17: Measures of protection
No refugee or asylum seeker may ever be extradited, expelled or returned in any manner whatsoever to the frontiers of a territory referred to in article 3 above.
Article 18: Conditions of expulsion
1. A refugee lawfully in the territory of the Republic of Djibouti shall not be expelled save on grounds of national security and public order.
2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law.
3. An expulsion decision shall be served on the refugee as well the United Nations High Commissioner for Refugees who is responsible for finding a country of asylum within a reasonable timeframe.
4. Expulsion shall lead
ipso facto to the withdrawal of refugee status.
Georgia
Georgia’s Law on Internally Displaced Persons (2014) states:
Article 5. Protection of the Population from Displacement
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2. The Government shall:
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d) ensure that the displacement does not last longer than required in the given situation.
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Article 6. Definition of an IDP [internationally displaced person]
1. A citizen of Georgia or a stateless person with a status residing in Georgia shall be considered as an IDP, if he/she was forced to leave his/her permanent place of residence because of threat to his/her or his/her family member’s life, health or freedom caused by the occupation of the territory by a foreign state, aggression, armed conflict, mass violence and/or massive human rights violations and/or he/she cannot return to his/her permanent place of residence due to the above mentioned reasons.
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Article 16. Social Protection of an IDP
1. The Ministry [of Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia], within its mandate, together with other state bodies shall support an IDP to exercise his/her rights. In particular, they shall
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g) help IDPs to return to their places of permanent residence after elimination of circumstances as referred to in paragraph 1 of Article 6.
Georgia
Georgia’s Law on International Protection (2016), taking into account amendments up to 2017, states:
Article 3 – Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
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v) voluntary repatriation – the making of a decision by an internationally protected person on his/her safe and decent return to a country of origin without any physical, psychological or material coercion;
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Article 64 – Repatriation of internationally protected persons
In order to repatriate an internationally protected person the Ministry shall comply with the following terms:
a) repatriation shall be voluntary and it shall be carried out by state agencies responsible for the enforcement of this Law;
b) the will of an internationally protected person with regard to repatriation shall be expressed in writing;
c) an internationally protected person shall obtain available information on the situation in the country of his/her origin and on the possible consequences of his/her returning to the country.
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Article 73 – Ministry of Foreign Affairs of Georgia
The Ministry of Foreign Affairs of Georgia shall:
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c) facilitate the voluntary repatriation of persons holding refugee or humanitarian status, on the basis of an application submitted by it, within the scope of its authority, and with the assistance of diplomatic representations and consular institutions.
The Law also states:
Article 3 – Definition of terms
For the purposes of this Law, the terms used herein have the following meanings:
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e) an asylum seeker – an alien or a stateless person, who has applied for international protection to a state agency and in respect of whom the Ministry has not made a decision, or a court decision has not yet entered into legal force;
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Article 14 – Forms of international protection
In accordance with this Law, the forms of international protection in Georgia are the following:
a) refugee status;
b) humanitarian status;
c) the status of a person under temporary protection.
Article 15 – Grounds for granting refugee status
1. Refugee status shall be granted to an alien or a stateless person, who is outside the country of origin, and has a well-grounded fear that he/she may become a victim of persecution on the grounds of his/her race, religion, nationality, affiliation to a certain social group or political views, and who does not wish to, or cannot, return to his/her country of origin or enjoy the right to be protected from such country due to such fear.
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Article 19 – Grounds for granting humanitarian status
1. Humanitarian status shall be granted to an alien or a stateless person who does not comply with the conditions for granting refugee status as provided for by Article 15 of this Law where there is a real risk that upon returning to the country of origin he/she will face a serious threat of damage as provided for by Article 32(3) of this Law.
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Article 21 – Grounds and procedures for granting the status of a person under temporary protection
1. The Ministry shall regulate the mass entry of people and make a decision on granting the status of a person under temporary protection to people entering in mass, who require international protection and cannot return to the country of their origin due to violence, aggression, international or internal armed conflict, or due to mass violation of human rights.
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Article 32 – Persecution and serious damage
1. For the purposes of Article 15 of this Law, an action shall be deemed persecution, if:
a) it is so serious by its nature or has such repeated character that fundamental human rights continue to be violated;
b) it is one of a unity of various actions, which are so severe that fundamental human rights continue to be violated.
2. The persecution provided for by paragraph 1 of this article may be expressed in the following forms:
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e) criminal persecution or punishment during a conflict due to the refusal to perform actions provided for by Article 18 of this Law [among others, a crime against peace, a war crime or a crime against humanity];
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3. Serious damage shall be:
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c) a serious individual threat to the life of a person due to indiscriminate violence, international or internal armed conflict or mass violation of human rights.
Article 33 – Entity(ies) carrying out persecution and inflicting serious damage
Entity(ies) carrying out persecution and inflicting serious damage may be:
a) the State;
b) a group or an organisation, which controls the entire territory of the State or a significant part of the territory;
c) non-governmental entities, if the entities provided for by sub-paragraphs (a) and (b) of this paragraph, including international organisations, cannot or do not desire to protect a person from persecution or serious damage as provided for by Article 32 of this Law.
Ethiopia
Ethiopia’s Transitional Period Charter (1991) provided that priority should be given to the rehabilitation of those sections of the population who had been forcibly uprooted by the previous regime’s policy of villagization and resettlement and that the rehabilitation would be carried out in accordance with their wishes.
Ireland
Ireland’s Geneva Conventions Act (1962), as amended in 1998, provides that any “minor breach” of the 1949 Geneva Conventions, including violations of Articles 45 and 49 of the Geneva Convention IV, is a punishable offence.
Lithuania
Lithuania’s Criminal Code (1961), as amended in 1998, punishes anyone who, in situations of armed conflict, prevents civilians from returning to the territory of the State if they so wish after the termination of hostilities.
Norway
Norway’s Military Penal Code (1902), as amended in 1981, provides:
Anyone who contravenes or is accessory to the contravention of provisions relating to the protection of persons or property laid down in … the Geneva Conventions of 12 August 1949 … [and in] the two additional protocols to these Conventions … is liable to imprisonment.
Peru
Peru’s Law on Internal Displacement (2004) states:
The competent authorities have the primary duty and responsibility to establish the conditions and to provide the means to allow internally displaced persons to return voluntarily, in safety and with dignity, to their homes or places of habitual residence, or to resettle voluntarily in another part of the country.
Peru
Peru’s Regulations to the Law on Internal Displacement (2005) define “reintegration or integration” as:
the process by which a lasting solution to the problem that caused the displacement is sought by taking medium- and long-term actions and measures with a view to creating the [necessary] conditions for the social and economic sustainability of the returned or resettled displaced population and for achieving reconciliation and a culture of peace.
The Regulations also states:
Internally displaced persons who return to their places of habitual residence or who have resettled in another part of the country have a right to:
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m) Be protected against forced return to or resettlement in a place where their lives, security, freedom or health may be at risk.
Philippines
The Philippines’ Executive Order No. 2 (2001), Creating an Interagency Committee for Relief, Rehabilitation and Development of Areas Affected by Armed Conflicts in Mindanao, states:
[T]he government [of the Philippines] is committed to ensure the safe return of families and individuals affected by armed conflicts to their communities of origin and assist them in rebuilding their shattered lives by addressing their basic needs.
No data.
Angola
In 1996, during a debate in the UN Commission on Human Rights in relation to Cyprus, Angola stated: “All restrictions preventing refugees and displaced persons from returning home should be lifted.”
Australia
In 2009, in a statement before the UN Human Rights Council, the ambassador and permanent representative of Australia stated:
Four months have passed since the conclusion of military hostilities in northern Sri Lanka. Australia remains concerned that over 250,000 civilians remain displaced in camps in northern Sri Lanka. It is vital now to move quickly, more quickly than has been the case to this point, to create the conditions for civilians to move to their lands and rebuild their lives. Freedom of movement for the civilians in the north is essential. The voluntary resettlement process requires full access by international humanitarian agencies to areas of return and to information to ensure effective coordination.
Australia
In 2010, in a statement before the UN Human Rights Council Periodic Review on Kenya, the representative of Australia stated:
We continue to be concerned about the insufficient protection of, and assistance to, internally displaced persons and urge the Kenyan Government to address the underlying causes of displacement in order to facilitate their resettlement and reintegration.
Bosnia and Herzegovina
In 2005, in its initial report to the Human Rights Committee, Bosnia and Herzegovina referred to the work of the Commission for Refugees and Displaced Persons in preparing conditions for the return of displaced persons. In this regard, matters of “safety, education, health, social and pension protection [and] mine disposal” are “permanent and very significant points of sessions of agenda of the Commission”.
Brazil
In 1994, during a debate in the UN Security Council on the situation in Abkhazia, Brazil stated: “The displaced persons and refugees have a right to return to their homes in conditions of safety.”
Croatia
In 1994, during a debate in the UN Security Council on the situation in the former Yugoslavia, Croatia welcomed “the pilot projects for the return of displaced persons to their homes in the occupied areas”.
Cuba
In 2009, in a statement before the Fourth Committee of the UN General Assembly on the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the representative of Cuba stated:
Cuba considers it unjustifiable that the Palestinian people continue to suffer under the long and brutal Israeli military occupation of their land since 1967 and continue to be denied fundamental human rights like … the right of the Palestinian refugees to return to their land.
Cuba
In 2010, in a statement before the Fourth Committee of the UN General Assembly on the United Nations Relief and Works Agency for Palestine Refugees in the Near East, the representative of Cuba stated:
Cuba considers it unjustifiable that the Palestinian people continue to suffer under the long and brutal Israeli military occupation of their land since 1967 and continue to be denied fundamental human rights like the right … of the Palestinian refugees to return to their land in accordance with [UN] General Assembly resolution 194.
Cuba
In 2010, in a statement before the UN General Assembly on the situation in the Middle East, the deputy permanent representative of Cuba stated:
Cuba reiterates its profound regret for the ongoing suffering of the Palestinian people for more than 40 years under the brutal military occupation of its land by Israel and for the fact that they continue to be denied their fundamental rights, including the right … of Palestinian refugees to return to their land.
Czech Republic
In 1994, during a debate in the UN Security Council on the situation in Abkhazia, the Czech Republic stated: “The right of refugees to return to their homes is a crucial right.”
Egypt
In 1996, during a debate in to the UN Commission on Human Rights in relation to Bosnia and Herzegovina, Egypt stated: “Refugees and displaced persons must be allowed to return to their homes.”
France
In 1993 and 1995, during debates in the UN Security Council on the situation in Georgia and in the former Yugoslavia respectively, France supported the right to return of refugees and displaced persons.
France
According to the Report on the Practice of France, the free return of refugees is a frequent preoccupation of French diplomacy. France often asks for this right to be guaranteed and considers a contrary attitude to be “unacceptable”.
Georgia
In 1995, during a debate in the UN Security Council on the situation in Abkhazia, Georgia supported the right of refugees and displaced persons to return in safety and emphasized that “nothing can change [its] resolve to achieve the unconditional and timely return of the refugees to their homes”.
Georgia
In 2014, in its fourth periodic report to the Committee on the Rights of the Child, Georgia stated:
Due to Russia’s occupation of Tskhinvali Region/South Ossetia and Abkhazia[,] Georgia has been prevented from the opportunity to ensure protection of human rights, including children’s rights in th[ose] parts of the country. … As a result of ethnic cleansing[,] hundreds of thousands of IDPs [internally displaced persons], predominantly of Georgian origin, are unable to return to their homes due to their ethnic belonging.
Germany
In 2005, in its Seventh Human Rights Policy Report, Germany’s Federal Government reported to the Bundestag (Lower House of Parliament):
With the 1998 guidelines on the handling of crises related to internally displaced persons (“Guiding Principles on Internal Displacement”) by the then Representative of the UN Secretary-General on the Human Rights of Internally Displaced Persons, Francis Deng, the international community has a practice-oriented document, which summarizes existing standards on the protection of internally displaced persons and gives further recommendations. Although these guiding principles are not a binding instrument under international law, their acceptance by States, international organizations and NGOs has continued to grow over the past years, so that now they are virtually regarded as customary international law.
Honduras
In 1995, during a debate in the UN Security Council on the situation in Tajikistan, the representative of Honduras stated that his government was “pleased to see that the Government of Tajikistan has committed itself to assisting the return and reintegration of refugees and displaced persons in dignity and safety”.
Indonesia
In 1995, during a debate in the UN Security Council on the situation in Tajikistan, Indonesia called upon the parties to intensify their efforts “to ensure the voluntary return, in dignity and safety, of all refugees and displaced persons to their homes”.
Iraq
In 2012, in a speech at the ministerial meeting of the member States of the Non-Aligned Movement, the Minister of Foreign Affairs of Iraq stated:
The first issue is the Palestinian cause and the Arab Israeli conflict … [O]n this occasion I would like to reconfirm Iraq’s fixed stance towards … seeking a fair and agreeable solution to the problem of Palestinian refugees[,] including the right to return.
Italy
In 1995, during a debate in the UN Security Council on the situation in Abkhazia, Italy stressed “the need to guarantee the safe return of refugees”.
Mexico
In 2009, during a debate in the UN Security Council on the protection of civilians in armed conflict, the permanent representative of Mexico stated: “With regard to the issue of housing, land and … property, we should strengthen the [UN Security] Council’s commitment to ensure that refugees and internally displaced persons are able to freely return to their homes in safety.”
Nepal
In 2004, in a declaration of commitment on the implementation of human rights and international humanitarian law, the Prime Minister of Nepal stated: “The right of the displaced persons to return to their homes or to the places of their choice shall be ensured.”
Nepal
In its National Policies on Internally Displaced Persons adopted in 2007, Nepal stated:
1. Background
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Due to natural disasters, human-made circumstances and disasters, armed conflict and situations of violence and fears having [been] created therefrom, persons and families are forcefully displaced from their homes or places of their habitual residence and thus they are time and again required to face such situations that force them to reside in other parts of the country. …
Therefore, the State is required to make appropriate provisions for their return to their place of habitual residence or for settling them voluntarily in other places in the country. …
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3. Definition[s]:
For the purpose of these Policies:
(a) “Internally Displaced Person” means a person who is living somewhere else in the country after having [been] forced to flee or leave their home or place of habitual residence due to armed conflict or situation of violence or gross violations of human rights or natural disasters or human-made disasters … or with an intention of avoiding the effects of such situations.
…
6. Objectives
…
6.3 To create an environment conducive for the safe, voluntary and dignified return of displaced persons or the construction and rehabilitation of social [and] economic infrastructures for their settlement in other locations.
…
8. Policies
In relation to internal displacement, the following policies will be adopted:
…
8.3 Regarding Rehabilitation
8.3.1 Displaced persons or families will have the freedom of returning voluntarily to the places of their permanent … [residence] from where they were … [originally] displaced or of residing in the place of current … [residence] or … [of rehabilitation] in other places of their choice within the country. Each of the displaced persons will be provided with opportunities to return to his/her place of habitual residence, … [rehabilitation] and also … integrating with their disintegrated family.
…
9. Programmes
For the implementation of abovementioned strategies and policies, the following programmes will be undertaken:-
…
9.7 Programmes for returning displaced persons safely to their respective [places of] permanent … [residence].
New Zealand
In 1994, in a statement before the UN Security Council on the situation in Abkhazia, New Zealand stated that it understood “the concern of the Government of Georgia for the problems associated with the return of … refugees to their homes. Displaced persons must be able to resume their ordinary lives without fear of violence or intimidation.”
Nigeria
In 1994 and 1995, in statements before the UN Security Council on the situation in Abkhazia, Nigeria stated:
The issue of the return of the refugees and displaced persons is crucial to the settlement of the Georgian-Abkhaz conflict. The current situation, in which both the Government of Georgia and the Abkhaz authorities are unable to guarantee the safety of the displaced persons and protection of the repatriated … is unfortunate and should be reversed.
Philippines
The Guidelines on Evacuations adopted by the Presidential Human Rights Committee of the Philippines in 1991 provides: “Evacuees shall be returned to their houses at government expense as soon as the reason for evacuation ceases.”
Russian Federation
In 1995, during a debate in the UN Security Council on the situation in Croatia, the Russian Federation stated: “The Serbian inhabitants of Krajina must have the right to return in conditions of safety.”
South Africa
In 2010, in a statement at the Tenth Annual Regional Seminar on the Implementation of International Humanitarian Law in Pretoria, South Africa’s Deputy Minister of the Department of International Relations and Cooperation stated:
… Faced with the reality that the African continent has one of the largest number of IDPs [internally displaced persons], estimated at about 11.8 million from 21 countries, Heads of State and Government of Member States of the AU [African Union] met during November 2009 to adopt the Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention), in an effort to address these challenges, the first continent to have done so. …
… We should also ensure the creation of conditions for the return of displaced persons to their home countries, whilst recognising their fundamental right to resettlement.
South Africa
In 2012, in a statement on the Palestinian/Israeli situation, South Africa’s Deputy Minister of International Relations and Cooperation stated: “We continue to encourage a just solution with respect to the right of return of Palestinian refugees.”
Switzerland
In 2009, in response to a question by a member of the National Council, Switzerland’s Federal Council stated:
Humanitarian aid
The Federal Council considers that what is most urgent is to ensure the protection of the civilian population, in particular of evacuated victims of war and internally displaced [persons]. This is why Switzerland is actively engaged on the ground in ensuring that international aid organizations have access, without restriction, to these persons, that these persons have adequate support through the supply of food, medication and emergency shelter, and that they can return as quickly as possible to their region of origin, in safety and dignity.
Switzerland
In 2010, in response to a question by a member of the National Council on Sri Lanka, Switzerland’s Federal Council wrote:
[T]he Federal Council considers that the priority today is to resolve the humanitarian problems of the victims of the conflict. The Federal Council appreciates the effort made to ensure the return of internally displaced persons, whose numbers were approaching 300,000 a year ago. However, it remains concerned by the situation of some 45,000 persons (UN figure as of mid-July 2010) still finding themselves in camps and continues to intervene with the Sri Lankan Government so that these people can return to their homes as quickly as possible, and that their return takes place in a safe and voluntary manner.
Tunisia
In 1992, during a debate in the UN Security Council on the situation in the former Yugoslavia, Tunisia stated that it was essential to “enable all the displaced and deported persons to return to their homes”.
United Kingdom of Great Britain and Northern Ireland
In 1994, during a debate in the UN Security Council on the situation in Abkhazia, the United Kingdom stated that the “safe return [of displaced persons] will be a vital ingredient in restoring peace and stability in Georgia”.
United Kingdom of Great Britain and Northern Ireland
In 2003, in a reply to a written question in the House of Commons on the “forced repatriation of Chechen internally displaced persons from their displacement camps in Ingushetia”, the UK Minister of State, Foreign and Commonwealth Office, wrote:
The UK has played a prominent role in international efforts to press the Russian Government to halt the closure of internally displaced persons camps in the North Caucasus. Bilaterally, we have informed the Russian Government that the suspension of food, water and energy supplies to the camps constituted, in our view, a forced closure and reminded Russia of her obligations under the 1951 UN Convention on Refugees. The UK has also initiated and helped draft a number of EU demarches, calling for the closure of the camps to be stopped. We were therefore encouraged by President Putin’s statement last month that the closures should be halted. However, we will continue to monitor the situation closely and take further action if necessary.
United Kingdom of Great Britain and Northern Ireland
In 2003, in a letter to the President of the UN Security Council, the permanent representatives of the United Kingdom and the United States stated:
The United States, the United Kingdom and Coalition partners, working through the Coalition Provisional Authority, shall inter alia, provide for security in and for the provisional administration of Iraq, including by: … facilitating the orderly and voluntary return of refugees and displaced persons.
United Kingdom of Great Britain and Northern Ireland
In 2003, during a debate in the UN Security Council, the UK representative stated:
The right of refugees and displaced persons to return to their homes must be accepted in theory and in practice. Political norms and human rights must be developed in Kosovo on a par with the best European standards. In the view of the United Kingdom of Great Britain and Northern Ireland, only then can Kosovo move forward in a stable, peaceful manner, developing coexistence on its territory and better relations with its neighbours.
United Kingdom of Great Britain and Northern Ireland
In 2004, in a written answer to a question concerning, inter alia, discussions with the Government of the Sudan relating to the situation in Darfur, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated:
We are gravely concerned by the forced relocations of people in camps in Darfur. This appears to be a breach of international humanitarian law, as well as the established mechanisms on relocations. We have repeatedly made clear to the Government of Sudan that all returns must be voluntary and appropriate and carried out with full and prior consultation with the international community, as agreed in the Memorandum of Understanding between the Government of Sudan and the International Organisation for Migration.
United Kingdom of Great Britain and Northern Ireland
In 2004, in a written answer to a question concerning representations made to the Government of Sudan, the UK Parliamentary Under-Secretary of State, Foreign and Commonwealth Office, stated:
We … regularly raise the need for it to ensure the protection of all civilians – including displaced persons – in Darfur, and to adhere to the UN Guiding Principles on Internal Displacement, including on the need for all returns to be voluntary and appropriate.
United States of America
In 1995, during a debate in the UN Security Council on the situation in Abkhazia, the United States supported the extension of UNOMIG’s mandate, which included the contribution “to conditions conducive to the safe and orderly return of refugees and displaced persons”.
United States of America
In 2003, the permanent representatives of the United States and the United Kingdom to the United Nations wrote in a letter to the President of the UN Security Council:
The United States, the United Kingdom and Coalition partners, working through the Coalition Provisional Authority, shall inter alia, provide for security in and for the provisional administration of Iraq, including by … facilitating the orderly and voluntary return of refugees and displaced persons.
UN Security Council
In a resolution adopted in 1974 on emergency UN humanitarian assistance to Cyprus, the UN Security Council urged the parties concerned to take measures “to permit persons who wish to do so to return to their homes in safety”.
UN Security Council
In a resolution adopted in 1992, the UN Security Council, strongly condemning the deportation of 12 Palestinian civilians from the occupied territories, requested that Israel refrain from deporting any more Palestinian civilians from the occupied territories and that it “ensure the safe and immediate return to the occupied territories of all those deported”.
UN Security Council
In a resolution adopted in 1992 in the context of the conflict in the former Yugoslavia, the UN Security Council endorsed the principles agreed by the Presidents of Croatia and the Socialist Federal Republic of Yugoslavia on 30 September 1992 that “all displaced persons have the right to return in peace to their former homes”.

These principles were reaffirmed in a resolution adopted in 1993.
UN Security Council
In a resolution adopted in 1993 on Bosnia and Herzegovina, the UN Security Council affirmed the continuing relevance of “the recognition and the right of all displaced persons to return to their homes in safety and honour”.
UN Security Council
In a resolution adopted in 1993 on the settlement of the conflict in and around Nagorno-Karabakh, the UN Security Council requested the Secretary-General and the relevant international agencies “to assist refugees and displaced persons to return to their homes in security and dignity”.
UN Security Council
In numerous resolutions adopted between 1994 and 1999 on the situation in Georgia, the UN Security Council affirmed “the right of all refugees and displaced persons affected by the conflict to return to their homes in secure conditions”.
UN Security Council
In a resolution on the former Yugoslavia adopted in 1994, the UN Security Council affirmed “the right of all displaced persons to return voluntarily to their homes of origin in safety and dignity with the assistance of the international community”.
UN Security Council
In a resolution adopted in 1995, the UN Security Council welcomed
the obligation assumed by the Government of the Republic of Tajikistan to assist the return and the reintegration of refugees as well as the obligations by the parties to cooperate in ensuring the voluntary return, in dignity and safety, of all refugees and displaced persons to their homes.
UN Security Council
In a resolution adopted in 1996 on the situation in the Great Lakes region, the UN Security Council underlined “the urgent need for the orderly and voluntary repatriation and resettlement of refugees, and the return of internally displaced persons, which are crucial elements for the stability of the region”.
UN Security Council
In a resolution adopted in 1998 on the situation in Abkhazia, Georgia, the UN Security Council demanded in particular that the Abkhaz authorities “allow the unconditional and immediate return of all persons displaced since the resumption of hostilities in May 1998”.
UN Security Council
In several resolutions adopted in 1998 and 1999 on Kosovo, the UN Security Council reaffirmed the right of all refugees and displaced persons to return to their homes in safety.
UN Security Council
In a resolution adopted in 1999, the UN Security Council stressed that it was the responsibility of the Indonesian authorities “to take immediate and effective measures to ensure the safe return of refugees to East Timor”.
UN Security Council
In a resolution adopted in 2003 on the situation in Georgia, the UN Security Council:
Stresses the urgent need for progress on the question of the refugees and internally displaced persons,
calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG,
reaffirms the unacceptability of the demographic changes resulting from the conflict,
reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2003 on the situation in Sierra Leone, the UN Security Council:
Encourages the continued support of UNAMSIL, within its capabilities and areas of deployment, for the voluntary return of refugees and displaced persons, and urges all stakeholders to continue to cooperate to this end to fulfil their commitments under the Abuja Ceasefire Agreement of 10 November 2000 (S/2000/1091).
UN Security Council
In a resolution adopted in 2003 on the situation in Georgia, the UN Security Council:
Reaffirms also the inalienable right of all refugees and IDPs affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2004 on the situation in Georgia, the UN Security Council:
14. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG and consultations with UNHCR and the Group of Friends and recalls the understanding in the Sochi summit that the reopening of the Sochi-Tbilisi railway will be undertaken in parallel with the return of refugees and displaced persons, starting in the Gali district;
15.
Reaffirms the unacceptability of the demographic changes resulting from the conflict,
reaffirms also the inalienable right of all refugees and IDPs affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2004 on the situation in Georgia, the UN Security Council:
Reaffirms the unacceptability of the demographic changes resulting from the conflict,
reaffirms also the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2004 on the Sudan, the UN Security Council stressed “that any return of refugees and displaced persons to their homes must take place voluntarily with adequate assistance and with sufficient security”.
UN Security Council
In a resolution adopted in 2004 on the Sudan, the UN Security Council:
Emphasizing that the ultimate resolution of the crisis in Darfur must include the safe and voluntary return of internally displaced persons and refugees to their original homes, and noting in this regard the 21 August 2004 Memorandum of Understanding between the Government of Sudan and the International Organization for Migration (IOM),
…
6.
Affirms that internally displaced persons, refugees and other vulnerable peoples should be allowed to return to their homes voluntarily, in safety and with dignity, and only when adequate assistance and security are in place.
UN Security Council
In a resolution adopted in 2005 on the situation in Georgia, the UN Security Council:
Reaffirms the unacceptability of the demographic changes resulting from the conflict, [and]
reaffirms also
the inalienable right of all refugees and internally displaced persons affected by the conflict to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2005 on the situation in Georgia, the UN Security Council:
16. Stresses the urgent need for progress on the question of the refugees and internally displaced persons, calls on both sides to display a genuine commitment to make returns the focus of special attention and to undertake this task in close coordination with UNOMIG and consultations with UNHCR and the Group of Friends;
17. Calls for the rapid finalization and signature of the letter of intent on returns proposed by the Special Representative of the Secretary-General and welcomes the meetings with the participation of the SRSG and UNHCR of the Sochi working group on refugees and internally displaced persons;
18.
Reaffirms the unacceptability of the demographic changes resulting from the conflict,
reaffirms also the inalienable rights of all refugees and internally displaced persons affected by the conflict, and
stresses that they have the right to return to their homes in secure and dignified conditions, in accordance with international law and as set out in the Quadripartite Agreement of 4 April 1994 (S/1994/397, annex II) and the Yalta Declaration.
UN Security Council
In a resolution adopted in 2006 on the situation in the Great Lakes region, the UN Security Council:
Calls upon the countries of the region to continue in their efforts to create conducive conditions for voluntary repatriation, safe and durable integration of refugees and former combatants in their respective countries of origin. In this regard, calls for commensurate international support for refugees and reintegration and reinsertion of returnees, internally displaced persons and former combatants.
UN Security Council
In a resolution adopted in 2006 on the protection of civilians in armed conflict, the UN Security Council:
Calls upon all parties concerned to ensure that all peace processes, peace agreements and post-conflict recovery and reconstruction planning have regard for the special needs of women and children and include specific measures for the protection of civilians including … (iii) the creation of conditions conducive to the voluntary, safe, dignified and sustainable return of refugees and internally displaced persons.
UN Security Council
In a resolution adopted in 2006 on the situation in the Middle East, the UN Security Council affirmed that “all parties are responsible for ensuring that no action is taken … that might adversely affect … the voluntary and safe return of displaced persons”.
UN Security Council
In a resolution adopted in 2006 on the situation in Georgia, the UN Security Council:
14. Stresses anew the urgent need to alleviate the plight of refugees and internally displaced persons and the need for a perspective of life in security and dignity in particular for a new generation growing up outside Abkhazia, Georgia;
15.
Reiterates and reaffirms as fundamentally important the right of return for all the refugees and the internally displaced persons to Abkhazia, Georgia,
reaffirms the importance of such people’s return to their homes and property and that individual property rights have not been affected by the fact that owners had to flee during the conflict and that the residency rights and the identity of those owners will be respected, and
calls on both sides to implement the UNHCR’s
Strategic Directions for their return in the first instance to the Gali region.
UN Security Council
In a resolution on the situation in Georgia adopted in 2007, the UN Security Council:
Stresses the urgent need to alleviate the plight of refugees and internally displaced persons and the need for a perspective of life in security and dignity in particular for a new generation growing up outside Abkhazia, Georgia, and recalling the right of return for all internally displaced persons to Abkhazia, Georgia,
calls on both sides to implement the UNHCR’s
Strategic Directions for the return in the first instance to the Gali region.
UN Security Council
In a resolution adopted in 2007 on the Sudan, the UN Security Council welcomed “the first organized returns of internally displaced persons from Khartoum to Southern Kordofan and Southern Sudan”.
UN Security Council
In a resolution adopted in 2007 on the situation concerning the Democratic Republic of the Congo, the UN Security Council:
2. Decides that MONUC will have the mandate, within the limits of its capabilities and in its areas of deployment, to assist the Government of the Democratic Republic of the Congo in establishing a stable security environment in the country, and, to that end, to:
…
(
b) Contribute to the improvement of the security conditions in which humanitarian assistance is provided, and assist in the voluntary return of refugees and internally displaced persons.
UN Security Council
In a resolution adopted in 2007 on the situation in Côte d’Ivoire, the UN Security Council:
Also invites the signatories of the Ouagadougou political Agreement to take the necessary steps to protect vulnerable civilian populations, including by guaranteeing the voluntary return, reinstallation, reintegration and security of displaced persons, with the support of the United Nations system, and to fulfil in this regard their commitments in accordance with the Ouagadougou political Agreement and their obligations under international humanitarian law.
UN Security Council
In a resolution adopted in 2007 on the situation concerning Iraq, the UN Security Council reaffirmed that all parties “should take all feasible steps to ensure the protection of affected civilians, and should create conditions conducive to the voluntary, safe, dignified, and sustainable return of refugees and internally displaced persons”.
UN Security Council
In 1994, in a statement by its President on Rwanda, the UN Security Council stated that “the rapid return of the refugees and displaced persons to their homes is essential for the normalization of the situation in Rwanda” and strongly condemned “attempts to intimidate refugees carried out by those who are seeking to prevent them from returning to Rwanda”.
UN Security Council
In several statements by its President on the situation in Georgia between 1994 and 1996, the UN Security Council expressed its great concerns “at the continued obstruction to the return of the refugees and displaced persons by the Abkhaz authorities” and reiterated its call to the Abkhaz authorities “to guarantee the safety of all returnees and to regularize the status of spontaneous returnees”.
UN Security Council
In 1996, in a statement by its President, the UN Security Council urged the Government of Croatia “to expand its programme to accelerate the return of [the displaced] persons without preconditions or delay”.
UN Security Council
In 1996, in a statement by is President on the Great Lakes region/Zaire, the UN Security Council underlined “the urgent need for the orderly voluntary repatriation and resettlement of refugees, and the return of displaced persons”.
UN Security Council
In 1997, in a statement by its President, the UN Security Council called upon “the Government of Burundi to allow the people to return to their homes without any hindrance”.
UN Security Council
In 2003, in a statement by its President on Kosovo, the UN Security Council stated:
The Security Council reiterates its full support for the “Standards before Status” policy with postulated targets in the eight key areas: … the return of refugees and IDPs …
…
… and supports the Special Representative of the Secretary-General’s continued efforts including in such priority areas as revitalizing the economy through investment, combating crime and illegal trafficking, and building a multi-ethnic society, while ensuring conditions for the sustainable return of refugees and IDPs.
UN Security Council
In 2004, in a statement by its President on cross-border issues in West Africa, the UN Security Council stated:
The Security Council reiterates the importance of finding durable solutions to the problem of refugees and displaced persons in the sub-region and urges the States in the region to promote necessary conditions for their voluntary and safe return with the support of relevant international organizations and donor countries.
UN Security Council
In 2006, in a statement by its President concerning the situation in Chad and the Sudan, the UN Security Council reaffirmed “the right of all displaced persons who wish to do so to return to their homes”.
UN Security Council
In 2006, in a statement by its President regarding peace consolidation in West Africa, the UN Security Council stated:
The Security Council reiterates the importance of finding effective solutions to the problem of refugees and internally displaced persons (IDPs) in the region and urges the States in the region, in collaboration with relevant international organizations and donor countries, to create the necessary conditions for their voluntary and safe return.
UN Security Council
In 2007, in a statement by its President regarding the situation in the Middle East, the UN Security Council welcomed “recent developments regarding the long-term prevention of conflict, including best practice and policy work on: … safe and voluntary return of refugees and Internally Displaced Persons”.
UN High Commissioner for Refugees
In a resolution adopted in 1993 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
Urges all States and relevant organizations to support the High Commissioner’s search for durable solutions to refugee problems, including voluntary repatriation, integration in the country of asylum and resettlement in a third country, as appropriate, and welcomes in particular the ongoing efforts of her Office to pursue wherever possible opportunities to promote conditions conducive to the preferred solution of voluntary repatriation.
UN General Assembly
In resolutions adopted in 1994 and 1995, the UN General Assembly reaffirmed the right of refugees and displaced persons from the areas of conflict in the territory of the former Yugoslavia “to return voluntarily to their homes in safety and dignity”.
UN General Assembly
In two resolutions adopted in 1998 and 1999 on the situation of human rights in Kosovo, the UN General Assembly called upon the authorities of the Federal Republic of Yugoslavia (Serbia and Montenegro) and ethnic Albanian leaders “to allow for and facilitate the free and unhindered return to their homes, in safety and with dignity, of all internally displaced persons and refugees”.
UN General Assembly
In a resolution adopted in 2003 on Afghanistan, the UN General Assembly:
Calls upon the Transitional Administration, acting with the support of the international community, to create the conditions for the voluntary, safe, dignified and sustainable return of Afghan refugees and internally displaced persons, welcomes in this respect the initiation of the National Area-Based Development Programme and the National Solidarity Programme, and calls upon the international community to provide adequate funding to these programmes which, inter alia, assist in the resettlement of Afghan refugees and internally displaced persons.
UN General Assembly
In a resolution adopted in 2003 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly
reaffirmed
“the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967”.
UN General Assembly
In a resolution adopted in 2003 on special assistance for the economic recovery and reconstruction of the Democratic Republic of the Congo, the UN General Assembly:
…
expresses its deep concern over the dire humanitarian situation throughout the country and the very high number of internally displaced persons in the eastern part and, in particular, in the Ituri region, and urges all parties to avoid further population displacement and to facilitate the safe and voluntary return of refugees and internally displaced persons to their places of origin.
UN General Assembly
In a resolution adopted in 2003 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
23. Reaffirms the right of return and the principle of voluntary repatriation, appeals to countries of origin and countries of asylum to create conditions that are conducive to voluntary repatriation, and recognizes that, while voluntary repatriation remains the pre-eminent solution, local integration and third-country resettlement, where appropriate and feasible, are also viable options for dealing with the situation of African refugees who, owing to prevailing circumstances in their respective countries of origin, are unable to return home;
24. Notes with satisfaction the voluntary return of millions of refugees to their homelands following the successful repatriation and reintegration operations carried out by the Office of the High Commissioner with the cooperation and collaboration of countries hosting refugees and countries of origin, and welcomes the efforts under way, in cooperation with other United Nations agencies and development actors, to promote a framework for durable solutions, particularly in protracted refugee situations, including the “4Rs” approach (repatriation, reintegration, rehabilitation and reconstruction) to sustainable return;
25.
Appeals to the international community to respond positively, in the spirit of solidarity and burden-sharing, to the third-country resettlement requests of African refugees, and notes with appreciation that some African countries have offered resettlement places for refugees.
UN General Assembly
In a resolution adopted in 2003 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
10. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution;
11.
Emphasizes the obligation of all States to accept the return of their nationals, calls upon States to facilitate the return of their nationals who have been determined not to be in need of international protection, and affirms the need for the return of persons to be undertaken in a safe and humane manner and with full respect for their human rights and dignity, irrespective of the status of the persons concerned.
UN General Assembly
In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN General Assembly:
3. Expresses once again its grave concern at:
…
(b) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
…
6. Once again urges the Government of Myanmar, as stated in its resolution 57/231 and in Commission on Human Rights resolution 2003/12:
…
(
c) … to end systematic enforced displacement and provide protection and assistance to internally displaced persons, to allow the safe and dignified voluntary return of refugees.
UN General Assembly
In a resolution adopted in 2004 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:
1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967”;
2.
Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 1993 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons.
UN General Assembly
In a resolution adopted in 2004 concerning the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
11. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution;
12. Recognizes the desirability of countries of origin, in cooperation with the Office of the High Commissioner, other States and other concerned actors, as necessary and appropriate, addressing, at an early stage, issues of a legal and administrative nature which are likely to hinder voluntary repatriation in safety and dignity, bearing in mind that some legal safety or administrative issues may be addressed only over time and that voluntary repatriation can and does take place without all legal and administrative issues having first been resolved;
13.
Emphasizes the obligation of all States to accept the return of their nationals, calls upon States to facilitate the return of their nationals who have been determined not to be in need of international protection, and affirms the need for the return of persons to be undertaken in a safe and humane manner and with full respect for their human rights and dignity, irrespective of the status of the persons concerned.
UN General Assembly
In a resolution adopted in 2004 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
17. Reaffirms the right of return and the principle of voluntary repatriation, appeals to countries of origin and countries of asylum to create conditions that are conducive to voluntary repatriation, and recognizes that, while voluntary repatriation remains the pre-eminent solution, local integration and third-country resettlement, where appropriate and feasible, are also viable options for dealing with the situation of African refugees who, owing to prevailing circumstances in their respective countries of origin, are unable to return home;
18. Notes with satisfaction the voluntary return of thousands of refugees to their countries of origin, and welcomes in this regard the conclusion on legal safety issues in the context of voluntary repatriation of refugees adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-fifth session;
19.
Reaffirms that voluntary repatriation should not necessarily be conditioned on the accomplishment of political solutions in the country of origin in order not to impede the exercise of the refugees’ right to return, and recognizes that the voluntary repatriation and reintegration process is normally guided by the conditions in the country of origin, in particular that voluntary repatriation can be accomplished in conditions of safety and dignity.
UN General Assembly
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN General Assembly called upon the Government of Myanmar to “respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies”.
UN General Assembly
In a resolution adopted in 2005 on the 2005 World Summit Outcome, the UN General Assembly stated:
We commit ourselves to safeguarding the principle of refugee protection and to upholding our responsibility in resolving the plight of refugees, including through the support of efforts aimed at addressing the causes of refugee movement, bringing about the safe and sustainable return of those populations, finding durable solutions for refugees in protracted situations and preventing refugee movement from becoming a source of tension among States.
UN General Assembly
In a resolution adopted in 2005 on emergency international assistance for peace, normalcy and reconstruction of war-stricken Afghanistan, the UN General Assembly:
18. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;
19.
Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe and orderly return.
UN General Assembly
In a resolution adopted in 2005 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:
1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967;
2.
Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 1993 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons.
UN General Assembly
In a resolution adopted in 2005 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
18. Reaffirms the right of return and the principle of voluntary repatriation, appeals to countries of origin and countries of asylum to create conditions that are conducive to voluntary repatriation, recognizes that, while voluntary repatriation remains the pre-eminent solution, local integration and third-country resettlement, where appropriate and feasible, are also viable options for dealing with the situation of African refugees who, owing to prevailing circumstances in their respective countries of origin, are unable to return home, and welcomes in this regard the conclusion on local integration adopted by the Executive Committee of the Programme of the United Nations High Commissioner for Refugees at its fifty-sixth session;
19.
Also reaffirms that voluntary repatriation should not necessarily be conditioned on the accomplishment of political solutions in the country of origin in order not to impede the exercise of the refugees’ right to return, and recognizes that the voluntary repatriation and reintegration process is normally guided by the conditions in the country of origin, in particular that voluntary repatriation can be accomplished in conditions of safety and dignity.
UN General Assembly
In a resolution adopted in 2005 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
13. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that these solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution;
…
17.
Emphasizes the obligation of all States to accept the return of their nationals, calls upon States to facilitate the return of their nationals who have been determined not to be in need of international protection, and affirms the need for the return of persons to be undertaken in a safe and humane manner and with full respect for their human rights and dignity, irrespective of the status of the persons concerned.
UN General Assembly
In a resolution adopted in 2005 on the universal realization of the right of peoples to self-determination, the UN General Assembly deplored “the plight of millions of refugees and displaced persons who have been uprooted as a result of the aforementioned acts, and reaffirms their right to return to their homes voluntarily in safety and honour”.
UN General Assembly
In a resolution adopted in 2005 on the situation of human rights in the Democratic Republic of the Congo, the UN General Assembly called upon the governments of countries in the region, including the Democratic Republic of the Congo, to “ensure the rights and well-being of returnees and refugee populations”.
UN General Assembly
In a resolution adopted in 2005 on the implementation of the recommendations contained in the report of the Secretary-General on the causes of conflict and the promotion of durable peace and sustainable development in Africa, the UN General Assembly called upon “the United Nations system and invites Member States to assist African countries emerging from conflict in their efforts to … provide for the safe return of internally displaced persons and refugees”.
UN General Assembly
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN General Assembly:
2. Expresses grave concern at:
…
(g) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
…
3. Strongly calls upon the Government of Myanmar:
…
(
g)
To end the systematic forced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies in accordance with international law, including applicable international humanitarian law.
UN General Assembly
In a resolution adopted in 2006 on the situation in Afghanistan, the UN General Assembly:
Recognizing the urgent need to tackle the challenges in Afghanistan, including … the safe and orderly return of Afghan refugees and internally displaced persons, …
…
Welcoming the continuous return of refugees and internally displaced persons, while noting with concern that conditions in parts of Afghanistan are not yet conducive to safe and sustainable returns to some places of origin and that high concentration of returns to major urban areas have placed an extreme burden on limited urban resources,
…
31. Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees, the principle of voluntary return and the right to seek asylum and to allow international access for their protection and care;
32. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;
33.
Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe and orderly return and sustainable reintegration into society so as to contribute to the stability of the entire country.
UN General Assembly
In a resolution adopted in 2006 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:
1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967;
2.
Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons.
UN General Assembly
In a resolution adopted in 2006 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
15. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that those solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported by necessary rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution;
…
22.
Emphasizes the obligation of all States to accept the return of their nationals, calls upon States to facilitate the return of their nationals who have been determined not to be in need of international protection, and affirms the need for the return of persons to be undertaken in a safe and humane manner and with full respect for their human rights and dignity, irrespective of the status of the persons concerned.
UN General Assembly
In a resolution adopted in 2006 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
19. Reaffirms the right of return and the principle of voluntary repatriation, appeals to countries of origin and countries of asylum to create conditions that are conducive to voluntary repatriation, recognizes that, while voluntary repatriation remains the pre-eminent solution, local integration and third-country resettlement, where appropriate and feasible, are also viable options for dealing with the situation of African refugees who, owing to prevailing circumstances in their respective countries of origin, are unable to return home;
20.
Also reaffirms that voluntary repatriation should not necessarily be conditioned on the accomplishment of political solutions in the country of origin in order not to impede the exercise of the refugees’ right to return, recognizes that the voluntary repatriation and reintegration process is normally guided by the conditions in the country of origin, in particular that voluntary repatriation can be accomplished in conditions of safety and dignity, and urges the High Commissioner to promote sustainable return through the development of durable and lasting solutions, particularly in protracted refugee situations.
UN General Assembly
In a resolution adopted in 2006 on the universal realization of the right of peoples to self-determination, the UN General Assembly deplored “the plight of millions of refugees and displaced persons who have been uprooted as a result of the aforementioned acts, and reaffirms their right to return to their homes voluntarily in safety and honour”.
UN General Assembly
In a resolution adopted in 2006 on the situation of human rights in Myanmar, the UN General Assembly strongly called upon the Government of Myanmar:
To end the systematic forced displacement of large numbers of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies in accordance with international law, including international humanitarian law.
UN General Assembly
In a resolution adopted in 2007 on the situation in Afghanistan, the UN General Assembly:
Reiterating the urgent need to tackle the challenges in Afghanistan, in particular … the safe and voluntary return of Afghan refugees and internally displaced persons in an orderly and dignified manner, …
…
Welcoming the continuous return of refugees and internally displaced persons, in a voluntary and sustainable manner, while noting with concern that conditions in parts of Afghanistan are not yet conducive to safe and sustainable returns to some places of origin,
…
41. Expresses its appreciation to those Governments that continue to host Afghan refugees, acknowledging the huge burden they have so far shouldered in this regard, and reminds them of their obligations under international refugee law with respect to the protection of refugees, the principle of voluntary return and the right to seek asylum and to allow international access for their protection and care;
42. Urges the Government of Afghanistan, acting with the support of the international community, to continue and strengthen its efforts to create the conditions for the voluntary, safe, dignified and sustainable return and reintegration of the remaining Afghan refugees and internally displaced persons;
…
44.
Calls for the provision of continued international assistance to the large numbers of Afghan refugees and internally displaced persons to facilitate their voluntary, safe, dignified and orderly return and sustainable reintegration into society so as to contribute to the stability of the entire country.
UN General Assembly
In a resolution adopted in 2007 on persons displaced as a result of the June 1967 and subsequent hostilities, the UN General Assembly:
1. Reaffirms the right of all persons displaced as a result of the June 1967 and subsequent hostilities to return to their homes or former places of residence in the territories occupied by Israel since 1967;
2.
Expresses deep concern that the mechanism agreed upon by the parties in article XII of the Declaration of Principles on Interim Self-Government Arrangements of 13 September 1993 on the return of displaced persons has not been complied with, and stresses the necessity for an accelerated return of displaced persons.
UN General Assembly
In a resolution adopted in 2007 on the Office of the United Nations High Commissioner for Refugees, the UN General Assembly:
16. Strongly reaffirms the fundamental importance and the purely humanitarian and non-political character of the function of the Office of the High Commissioner of providing international protection to refugees and seeking permanent solutions to refugee problems, and recalls that those solutions include voluntary repatriation and, where appropriate and feasible, local integration and resettlement in a third country, while reaffirming that voluntary repatriation, supported, as necessary, by rehabilitation and development assistance to facilitate sustainable reintegration, remains the preferred solution;
…
25.
Emphasizes the obligation of all States to accept the return of their nationals, calls upon States to facilitate the return of their nationals who have been determined not to be in need of international protection, and affirms the need for the return of persons to be undertaken in a safe and humane manner and with full respect for their human rights and dignity, irrespective of the status of the persons concerned.
UN General Assembly
In a resolution adopted in 2007 on assistance to refugees, returnees and displaced persons in Africa, the UN General Assembly:
21. Reaffirms the right of return and the principle of voluntary repatriation, appeals to countries of origin and countries of asylum to create conditions that are conducive to voluntary repatriation, and recognizes that, while voluntary repatriation remains the pre-eminent solution, local integration and third-country resettlement, where appropriate and feasible, are also viable options for dealing with the situation of African refugees who, owing to prevailing circumstances in their respective countries of origin, are unable to return home;
22.
Also reaffirms that voluntary repatriation should not necessarily be conditioned on the accomplishment of political solutions in the country of origin in order not to impede the exercise of the refugees’ right to return, recognizes that the voluntary repatriation and reintegration process is normally guided by the conditions in the country of origin, in particular that voluntary repatriation can be accomplished in conditions of safety and dignity, and urges the High Commissioner to promote sustainable return through the development of durable and lasting solutions, particularly in protracted refugee situations.
UN General Assembly
In a resolution adopted in 2007 on the universal realization of the right of peoples to self-determination, the UN General Assembly:
Deplores the plight of millions of refugees and displaced persons who have been uprooted as a result of the aforementioned acts, and reaffirms their right to return to their homes voluntarily in safety and honour.
UN General Assembly
In a resolution adopted in 2007 on the protection of and assistance to internally displaced persons, the UN General Assembly:
Noting the growing awareness of the international community of the issue of internally displaced persons worldwide and the urgency of addressing the root causes of their displacement and finding durable solutions, including voluntary return in safety and with dignity, or local integration,
…
8.
Notes the importance of taking the human rights and the specific protection and assistance needs of internally displaced persons into consideration, when appropriate, in peace processes, and emphasizes that durable solutions for internally displaced persons, including through voluntary return, sustainable reintegration and rehabilitation processes and their active participation, as appropriate, in the peacebuilding process, are necessary elements of effective peacebuilding.
UN Commission on Human Rights
In a resolution adopted in 1994 on assistance to Georgia in the field of human rights, the UN Commission on Human Rights appealed to those in control of the territory of Abkhazia “to implement and ensure law and order, to … ensure the right of displaced persons to return to Abkhazia”.
UN Commission on Human Rights
In a resolution adopted in 1997 on human rights in the occupied Syrian Golan, the UN Commission on Human Rights emphasized that “the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes”.
UN Commission on Human Rights
In a resolution adopted in 1998 on the situation of human rights in the Republic of Bosnia and Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia (Serbia and Montenegro), the UN Commission on Human Rights called upon the Government of Croatia to facilitate “the expeditious return, in safety and dignity, of all refugees and displaced persons to their homes”. It also insisted that the Government of the Federal Republic of Yugoslavia “allow the return in safety and dignity of ethnic Albanian refugees to Kosovo”.
In a number of other resolutions adopted in the context of the conflict in the former Yugoslavia, the UN Commission on Human Rights stressed the right of IDPs to return to their homes.
UN Commission on Human Rights
In a resolution adopted in 1999 on the situation of human rights in East Timor, the UN Commission on Human Rights called upon the Government of Indonesia “to guarantee the voluntary return of all refugees and displaced persons, including those who have been forcibly displaced to camps in West Timor”.
UN Commission on Human Rights
In a resolution adopted in 2003 on human rights in the occupied Syrian Golan, the UN Commission on Human Rights emphasized that “the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties”.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
…
(e) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries and recalls in this context the obligations of Myanmar under international law;
…
5. Strongly urges the Government of Myanmar:
…
(
g) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in the Democratic Republic of the Congo, the UN Commission on Human Rights urged all parties to the conflict in the Democratic Republic of the Congo:
To prevent conditions that might lead to flows of refugees and displaced persons in the territory of the Democratic Republic of the Congo and across its borders, and to take and apply all necessary measures to establish conditions conducive to the voluntary return of refugees and displaced persons.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Burundi, the UN Commission on Human Rights:
Notes the continuing voluntary repatriation of refugees hosted in the United Republic of Tanzania, pursuant to the tripartite agreements between the Office of the United Nations High Commissioner for Refugees and the Governments of Tanzania and Burundi, and calls on the parties concerned to establish conditions for voluntary and permanent return in full security.
UN Commission on Human Rights
In a resolution adopted in 2003 on internally displaced persons, the UN Commission on Human Rights:
Noting the resolve of the international community to find durable solutions for all internally displaced persons and to strengthen international cooperation in order to help them return voluntarily to their homes in safety and with dignity or, based on their free choice, to resettle in another part of their country, and to be smoothly reintegrated into their societies.
UN Commission on Human Rights
In a resolution adopted in 2003 on human rights and mass exoduses, the UN Commission on Human Rights:
Underscores the importance of addressing protracted refugee situations and so-called forgotten emergencies and calls upon all States to promote conditions conducive to the voluntary return of refugees in safety and with dignity and to support the other two durable solutions of local integration or resettlement where appropriate.
UN Commission on Human Rights
In a resolution adopted in 2003 on the situation of human rights in Sierra Leone, the UN Commission on Human Rights urged:
All relevant parties in the region to continue to work towards the establishment of conditions which would permit the safe and voluntary return of displaced and refugee populations to their homes, and to ensure respect for human rights and fundamental freedoms and international humanitarian law.
UN Commission on Human Rights
In a resolution adopted in 2004 on human rights in the occupied Syrian Golan, the UN Commission on Human Rights:
Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties.
UN Commission on Human Rights
In a resolution adopted in 2004 concerning internally displaced persons, the UN Commission on Human Rights:
Noting the resolve of the international community to find durable solutions for all internally displaced persons and to strengthen international cooperation in order to help them return voluntarily to their homes in safety and with dignity or, based on their free choice, to resettle in another part of their country, and to be smoothly reintegrated into their societies.
UN Commission on Human Rights
In a resolution adopted in 2004 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
1. Welcomes:
…
(k) The developments allowing access for the Office of the United Nations High Commissioner for Refugees to Karen and Mon States in order to assist in creating conditions conducive to the return of refugees to these areas;
…
3. Expresses its grave concern at:
…
(f) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
…
5. Strongly urges the Government of Myanmar:
…
(
i) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies.
UN Commission on Human Rights
In a resolution adopted in 2005 on human rights in the occupied Syrian Golan, the UN Commission on Human Rights:
Also calls
upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their properties.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in Myanmar, the UN Commission on Human Rights:
3. Expresses its grave concern at:
…
(g) The situation of the large number of internally displaced persons and the flow of refugees to neighbouring countries, and recalls in this context the obligations of Myanmar under international law;
…
5. Also calls upon the Government of Myanmar:
…
(
e) To end the systematic enforced displacement of persons and other causes of refugee flows to neighbouring countries, to provide the necessary protection and assistance to internally displaced persons, in cooperation with the international community, and to respect the right of refugees to voluntary, safe and dignified return monitored by appropriate international agencies.
UN Commission on Human Rights
In a resolution adopted in 2005 on internally displaced persons, the UN Commission on Human Rights:
Noting the resolve of the international community to find durable solutions for all internally displaced persons and to strengthen international cooperation in order to help them return voluntarily to their homes in safety and with dignity or, based on their free choice, to resettle in another part of their country, and to be smoothly reintegrated into their societies,
…
Recalling the relevant norms of international human rights law, international humanitarian law and international refugee law, and recognizing that the protection of internally displaced persons has been strengthened by identifying, reaffirming and consolidating specific standards for their protection, in particular through the Guiding Principles on Internal Displacement.
UN Commission on Human Rights
In a resolution adopted in 2005 concerning human rights and mass exoduses, the UN Commission on Human Rights:
Underscores the importance of addressing protracted refugee situations and socalled forgotten emergencies, recognizing the severe and long-lasting physical and psychosocial impacts of prolonged displacement, and calls upon all States to promote conditions conducive to the voluntary return of refugees in safety and with dignity and to support the other two durable solutions of local integration, or resettlement where appropriate.
UN Commission on Human Rights
In a resolution adopted in 2005 on the situation of human rights in the Sudan, the UN Commission on Human Rights called upon all parties to the conflict to “respect the rights of refugees and internally displaced persons and their right of voluntary return in safety and dignity”.
UN Human Rights Council
In a resolution adopted in 2006 on human rights in the occupied Syrian Golan, the UN Human Rights Council:
Also calls upon Israel to desist from changing the physical character, demographic composition, institutional structure and legal status of the occupied Syrian Golan, and emphasizes that the displaced persons of the population of the occupied Syrian Golan must be allowed to return to their homes and to recover their property.
UN Sub-Commission on Human Rights
In a decision adopted in 1992 on the situation of human rights in Yugoslavia, the UN Sub-Commission on Human Rights demanded that “displaced people be given the opportunity to return to their homes”.
UN Sub-Commission on Human Rights
In a resolution adopted in 1995 on the situation in the territory of the former Yugoslavia, the UN Sub-Commission on Human Rights recommended that “the United Nations and all Governments take measures to enable all refugees, deportees and displaced persons to return safely to their homes”.
UN Sub-Commission on Human Rights
In a resolution adopted in 1998 on housing and property restitution in the context of the return of refugees and internally displaced persons, the UN Sub-Commission on Human Rights reaffirmed “the right of all refugees, as defined in relevant international legal instruments, and internally displaced persons to return to their homes and places of habitual residence in their country and/or place of origin, should they so wish”.
UNHCR Executive Committee
In 1980, in its Conclusion on Voluntary Repatriation, the Executive Committee of UNHCR recognized that “voluntary repatriation constitutes generally … the most appropriate solution for refugee problems” and stressed that “the essentially voluntary character of repatriation should always be respected”. It also called upon governments of countries of origin “to provide formal guarantees for the safety of returning refugees”.
The Committee completed these findings in other conclusions on voluntary repatriation in 1985 and further reaffirmed the necessity of removing the causes of refugee movements and to tackle this problem internationally.
UNHCR Executive Committee
In 2007, in its Conclusion on Children at Risk, the UNHCR Executive Committee recommended that States, UNHCR and other relevant agencies and partners:
In the context of voluntary repatriation of refugees, take appropriate steps to ensure that unaccompanied or separated children are not returned prior to the identification of adequate reception and care arrangements.
UNHCR Executive Committee
In 1995, in its Conclusion on Voluntary Repatriation to Afghanistan, the Executive Committee of UNHCR urged the parties to the conflict in Afghanistan to come to a political settlement, “thus allowing for the return of Afghan refugees and displaced persons to their homes in safety and dignity”.
UN Secretary-General
In 1994, in a report on the situation in Abkhazia, Georgia, the UN Secretary-General reported that “regarding the refugees and displaced persons, UNHCR seeks to maintain internationally accepted principles and practices for their voluntary repatriation and return, which do not allow screening mechanisms”.
UN Secretary-General
In January 1995, in a report on the situation in Abkhazia, Georgia, the UN Secretary-General reported that “the Abkhaz side had refused to sign a declaration that would have allowed for a speedier return and in larger numbers [of refugees and IDPs]. It did, however, agree to reduce the review period for the consideration of application [for return] from four to two weeks.”
In a further report in May, the Secretary-General noted that a proposal by Abkhazia to register spontaneous returnees and to consider UNHCR-sponsored returnees at the rate of 200 per week was rejected by UNHCR as not meeting the requirements of the return timetable agreed to by all parties – except the Abkhaz side – during talks in February 1995.
UN Commission on Human Rights (Special Rapporteur)
In several reports between 1994 and 1997 on the situation of human rights in the territory of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights stressed the right to voluntary return of IDPs.
UN Commission on Human Rights (Special Rapporteur)
In 1995, in a report on the situation of human rights in the territory of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights stated that the authorities should not make the return of refugees and IDPs conditional upon reciprocal returns being allowed in other areas.
UN Commission on Human Rights (Special Rapporteur)
In 1996, in a special periodic report on minorities in the context of the former Yugoslavia, the Special Rapporteur of the UN Commission on Human Rights reported that in discussions with the authorities in the former Yugoslavia, she had stressed that the different government agencies had the responsibility of assisting displaced persons to return to their homes in safety and dignity.
UN Sub-Commission on Human Rights (Special Rapporteur)
In 1997, in his final report submitted to the UN Sub-Commission on Human Rights, the UN Special Rapporteur on the Human Rights Dimensions of Population Transfer, including the Implantation of Settlers and Settlements proposed a draft declaration on population transfer and the implantation of settlers for adoption by the UN Commission on Human Rights. Article 4(3) of the draft declaration provided: “All persons thus displaced shall be allowed to return to their homes, lands, or places of origin immediately upon cessation of the conditions which made their displacement imperative.” Article 8 provided: “Every person has the right to return voluntarily, and in safety and dignity, to the country of origin and, within it, to the place of origin or choice.”
High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina
In a report in 1996, the High Representative for the Implementation of the Peace Agreement on Bosnia and Herzegovina reiterated that “enabling refugees to return is important for a large number of reasons, including the creation of the conditions that will make the holding of free and fair elections possible”.
Council of Europe Parliamentary Assembly
The Council of Europe Parliamentary Assembly has adopted several resolutions and recommendations emphasizing the right of displaced persons to return voluntarily and in safety to their homes in Bosnia and Herzegovina, the Transcaucasian region, Serbia and Montenegro, the former Yugoslav Republic of Macedonia, and Georgia.
For example, in a recommendation adopted in 1996 in the context of the former Yugoslavia, the Assembly stated that “all displaced persons have the right to return to their original homes” and stressed that “such returns are an essential element of reconstruction, but that they must be voluntary”.
European Parliament
In a resolution adopted in 1996 on the situation in Abkhazia, the European Parliament stressed the importance of the right of all IDPs to return voluntarily to their places of origin or residence, irrespective of their ethnic, social or political affiliation, under conditions of complete safety and dignity.
European Union
In 1996, during a debate in the UN Commission on Human Rights, Italy, speaking on behalf of the EU, called for “a peaceful settlement to the conflicts in Abkhazia and South Ossetia in order,
inter alia, to allow the return of refugees and displaced persons”.
European Union
In 1995, during a debate in the OSCE Permanent Council on the situation in Chechnya, France stated, on behalf of the EU, that “civilians must have the choice to leave this hell if they wish, being understood that the right to return to their homes of these refugees and displaced persons shall not be later limited”.
European Council
In a declaration on Kosovo adopted in 1998, the European Council called upon the President of the Federal Republic of Yugoslavia “to facilitate the full return to their homes of refugees and displaced persons”.
GCC Supreme Council
In the Final Communiqué of its 13th Session in 1992, the GCC Supreme Council registered
its appreciation for Resolution 799 adopted by the UN Security Council which strongly condemned the mass expulsion by the Israeli Occupation Forces of hundreds of Palestinian civilians … and called on the Israeli Authorities to ensure an immediate and safe return of all those expelled to the occupied territories.
It also called on the UN Security Council “to do all that it deems necessary … to ensure a speedy return of the expelled civilians to their Homeland”.
League of Arab States Council
In a resolution on Bosnia and Herzegovina adopted in 1992, the League of Arab States Council decided to call upon the Serb forces to make “all necessary arrangements to allow for the repatriation of the refugees to their homes”.
OSCE Ministerial Council
In a decision on Georgia adopted in 1998, the OSCE Ministerial Council stated that, amongst others, “monitoring of the smooth and safe return of refugees” can contribute to a peaceful settlement of the conflict in Abkhazia, Georgia.
International Conference on Indo-Chinese Refugees
The Comprehensive Plan of Action adopted by consensus by the International Conference on Indo-Chinese Refugees in 1989 provided:
Persons determined not to be refugees should return to their country of origin in accordance with international practices reflecting the responsibilities of States towards their own citizens. In the first instance, every effort will be made to encourage the voluntary return of such persons.
International Conference on Central American Refugees
The governments represented at the International Conference on Central American Refugees in 1989 reaffirmed “their commitment to encourage the voluntary return of refugees and other persons displaced by the crisis, under conditions of personal security and dignity that would allow them to resume a normal life”.
Peace Implementation Conference for Bosnia and Herzegovina
The Chairman’s Conclusions of the Peace Implementation Conference for Bosnia and Herzegovina in Florence in 1996 stated: “The right of return home of people who have been either displaced or have fled the country is a basic principle of the Peace Agreement which cannot be abridged.” The Conclusions further stated that “the creation of conditions for free and safe return, permitting the lifting of temporary protection, is now an urgent matter affecting political and economical viability of the country” and recommended urgent action with regard to “removal of legal and administrative obstacles to the return of refugees and displaced persons”.
Human Rights Committee
In its concluding observations on the fifth periodic report of the Russian Federation in 2003, the Human Rights Committee, while noting “the statement by the delegation that all persons who have returned to Chechnya have done so voluntarily”, also observed “reports of undue pressure on displaced persons living in camps in Ingushetia to make them return to Chechnya”.
The Human Rights Committee stated:
The State party should ensure that internally displaced persons in Ingushetia are not coerced into returning to Chechnya, including by ensuring the provision of alternative shelter in case of closure of camps (art. 12).

[emphasis in original]
Human Rights Committee
In its concluding observations on the third periodic report of the Sudan in 2007, the Human Rights Committee stated:
The Committee notes … the State party’s expressed willingness to respect the voluntary return of internally displaced persons. It remains concerned at … the lack of resources made available to allow the displaced to return home under acceptable conditions. (art. 12 of the [1966 International Covenant on Civil and Political Rights])
In keeping with all international standards governing the matter, including the Guiding Principles on Internal Displacement, the State party should:
…
(c) Not resort to forced relocation of displaced persons living in camps or unsafe areas without consulting them beforehand and offering acceptable alternatives;
(d) Redouble its efforts to guarantee the safe, voluntary return of displaced persons.
[emphasis in original]
Committee on the Elimination of Racial Discrimination
In a general recommendation adopted in 1996, CERD emphasized that “States parties are obliged to ensure that the return of … refugees and displaced persons is voluntary”.
Committee on the Elimination of Racial Discrimination
In a decision on the Federal Republic of Yugoslavia adopted in 1998, CERD reaffirmed that “all people who have been displaced or have become refugees have the right to return safely to their homes”.
ICRC
To fulfil its task of disseminating IHL, the ICRC has delegates around the world teaching armed and security forces that “persons … evacuated must be transferred back to their homes as soon as hostilities in the concerned area have ceased” and that “temporarily removed persons must be allowed to return”.
Turku Declaration of Minimum Humanitarian Standards
The Turku Declaration of Minimum Humanitarian Standards, adopted by an expert meeting convened by the Institute for Human Rights of Åbo Akademi University in Turku/Åbo, Finland in 1990, states: “Persons or groups … displaced shall be allowed to return to their homes as soon as the conditions which made their displacement imperative have ceased.”
International Institute of Humanitarian Law
In 1995, with respect to the Turku Declaration of Minimum Humanitarian Standards, the International Institute of Humanitarian Law commented:
In no case shall [refugees and displaced persons] be expelled or return, in any manner whatsoever, to the frontiers where their lives or freedom would be threatened on account of their race, nationality, membership of a particular social group or political opinion.