Practice Relating to Rule 132. Return of Displaced Persons

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. 

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. 

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. 

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. 

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. 

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:

The Broad-based Transitional Government shall implement the programme comprising the following:

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Repatriate and reintegrate all Rwandese refugees who may wish to go back home, following the modalities specified in the Peace Agreement. 

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. 

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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. 

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:

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:

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. 

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. 

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]. 

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]. 

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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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:

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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. 

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2. The Government shall:

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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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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

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. 

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. 

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. 

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:

[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. 

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. 

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. 

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 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 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. 

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. 

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. 

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. 

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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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For the purpose of these Policies:

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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.

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In relation to internal displacement, the following policies will be adopted:

For the implementation of abovementioned strategies and policies, the following programmes will be undertaken:-

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. 

… 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. 

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. 

[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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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). 

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. 

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. 

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. 

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),

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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. 

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. 

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. 

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. 

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. 

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. 

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. 

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:

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.  

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 …

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… 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. 

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. 

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. 

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. 

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. 

… 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. 

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. 

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. 

3. Expresses once again its grave concern at:

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(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;

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6. Once again urges the Government of Myanmar, as stated in its resolution 57/231 and in Commission on Human Rights resolution 2003/12:

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(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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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;

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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. 

2. Expresses grave concern at:

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(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;

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3. Strongly calls upon the Government of Myanmar:

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(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. 

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. 

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. 

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. 

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. 

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.  

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. 

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. 

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. 

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. 

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. 

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. 

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. S trongly 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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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. 

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.

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. 

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]

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 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.