Voluntary Repatriation
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ARC (Action for the Rights of Children) _______________________________________________ Module Two: Foundation CONTENTS Page Briefing for Facilitators Introduction ............................................................... 3 Guidance for Facilitators ............................................................ 7 SECTION 1: GENERAL PRINCIPLES RELEVANT TO VOLUNTARY REPATRIATION Topic 1: The Right to Return in International Law ............................... 9 Topic 2: Operational Principles for Voluntary Repatriation ..................... 10 Topic 3: UNHCR’s Mandate for Voluntary Repatriation............................. 13 Topic 4: The Role of Governments, Intergovernmental Organisations and Non- 16 Governmental Organisations................................................................ SECTION 2: WHO MAKES THE DECISION: BEST INTERESTS, CHILD PARTICIPATION AND PARENTAL RESPONSIBILITY Topic 5: General Principles Relevant to the Voluntary Repatriation of Children .... 18 Topic 6: Additional Principles Relevant to the Voluntary Repatriation of Separated Children ...................................................................................... 21 SECTION 3: INFORMATION AND ACTIVITIES RELEVANT TO DECISION-MAKING Topic 7: Profiling the Refugee Community and the Situation in the Country of Origin ..................................................................................................... 26 Topic 8: The Information Campaign and Refugee Children ..................... 28 Topic 9: Counselling ................................................................................... 32 Topic 10: The Registration Process ...................................................... 33 _________________________________________ Durable Solutions (Voluntary Repatriation) 1/99 Page 1 ARC (Action for the Rights of Children) _______________________________________________ SECTION 4: ENSURING CHILDREN’S SAFETY AND DIGNITY IN THE REPATRIATION PROCESS Topic 11: Preparation for the Reception of Children in the Country of Origin ....... 36 Topic 12: Cross-Border Communication and Co-ordination ..................... 37 Topic 13: The Repatriation Process .......................................................... 39 Topic 14: Reception of Returnee Children ................................................... 43 SECTION 5: REINTEGRATION Topic 15: Protection and Assistance Problems Faced by Children on Return 45 Topic 16: Children at Risk .......................................................................... 48 Topic 17: UNHCR’s General Role in Reintegration Operations ................... 50 Topic 18: Co-ordination of Reintegration Activities for Children............... 52 Topic 19: Returnee Monitoring.............................................................. 54 Topic 20: Protection and Assistance Initiatives for Returnee Children 56 Participant Groups ................................................................... 61 Sample Programmes ................................................................. 68 Training Materials Handouts .............................................................................. 86 Exercises .............................................................................. 89 Overheads ............................................................................. 129 Resources Reading List ........................................................................... 141 Useful Addresses and Contacts ..................................................... 142 Readings ............................................................................... 144 _________________________________________ Durable Solutions (Voluntary Repatriation) 1/99 Page 2 ARC (Action for the Rights of Children) _______________________________________________ Voluntary Repatriation: Introduction The most important part of this module is the content. Before attempting any training using the materials in this module, read through the Topics, handouts, overheads and Readings carefully. You need to understand the material fully in order to train others. If you have not recently trained or worked in the area covered by this module, please reread it before starting to plan your training. Voluntary Repatriation is an important but technical subject to cover. Try to be as creative as you can in getting over the material but recognise that there may be limitations to how participatory you can be! SECTION ONE (TOPICS 1 TO 5): GENERAL PRINCIPLES RELEVANT TO VOLUNTARY REPATRIATION Section one provides a brief overview of the basic principles relevant to a voluntary repatriation operation. Topics covered include: the legal basis for voluntary repatriation, including UNHCR’s mandate in this respect; fundamental operational principles (including voluntariness, safety and dignity) and the responsibilities of governments, intergovernmental organisations and NGOs in a voluntary repatriation operation. The themes examined are relevant to a voluntary repatriation operation generally, and do not focus on children in particular. However, it was felt that this overview would be helpful in contextualising the voluntary repatriation of children, particularly if the participants are not familiar with voluntary repatriation. If they are, the material in this section should be referred to only briefly, if at all. Most of the topics in Section one are re-examined from a children’s perspective in subsequent sections of the module. SECTION TWO (TOPICS 6 & 7) : WHO MAKES THE DECISION - BEST INTERESTS, CHILD PARTICIPATION AND PARENTAL RESPONSIBILITY The principle of voluntariness is the cornerstone of international protection with respect to the return of all refugees. However, with respect to the voluntary repatriation of children other principles, notably the child’s best interest, family unity, parental responsibility for raising children and the participation of the child, also apply. For separated children, additional principles such as continuity of care and the child’s ethnic, religious, cultural and linguistic background, should also be considered. In addition, special procedures need to be established to ensure that the rights of separated children are respected in the decision-making process. This section explores these principles, and some of the difficulties encountered in their practical application. _________________________________________ Durable Solutions (Voluntary Repatriation) 1/99 Page 3 ARC (Action for the Rights of Children) _______________________________________________ SECTION THREE (TOPICS 7 TO 10): INFORMATION AND ACTIVITIES RELEVANT TO DECISION MAKING A number of activities can be undertaken by UNHCR and NGOs working in a voluntary repatriation operation to ensure that the above-mentioned principles are respected and that children’s needs and concerns are addressed in a voluntary repatriation operation. These include: preparing profiles of the refugee community and the situation in the country of origin; conducting an information campaign on voluntary repatriation which is of interest, relevant and accessible to children; providing special counselling for children; and ensuring that the registration process is sensitive to children’s concerns. Particular measures need to be in place to ensure that the particular needs of separated children are addressed in these activities. SECTION FOUR (TOPICS 11 TO 14): ENSURING CHILDREN’S SAFETY AND DIGNITY IN THE REPATRIATION PROCESS Section four explores ways to ensure the child’s safety and dignity in the voluntary repatriation process, including measures to be taken by the country of origin to prepare for the reception of children, cross-border co-ordination, measures to be taken in the repatriation process itself and measures to be taken in the country of origin upon return.. SECTION FIVE ( TOPICS 15 TO 20): REINTEGRATION The entitlement to return in safety and dignity does not end once refugees have crossed the border into their homeland. However, the reality is often that refugees are returning to a country which has been devastated by conflict and with still divided communities. For refugee children who received assistance in exile, return could be more difficult than the experience of exile itself. This section examines the types of problems which children might face upon return. These include physical insecurity (such as land mines), material insecurity (such as lack of access to basic necessities, land and property and/or education), and legal insecurity (such as lack of documentation), as well as abuse (including sexual violence) and exploitation (including military recruitment). It examines the role of UNHCR and its partners in reintegration operations, and suggests protection (including monitoring) and assistance activities which might be implemented to assist the national Government in ensuring the successful reintegration of children in their homeland. KEY CONCEPTS • Refugee children and their families have the right to leave and to return to their country of origin under international law. • Repatriation must be voluntary (a free and informed decision), and should take place under conditions of safety and dignity. • UNHCR is mandated to assist Governments, and with the approval of the Governments concerned, private organisations, to facilitate voluntary repatriation. This includes not only the promotion or facilitation of voluntary repatriation from the country of asylum to the _________________________________________ Durable Solutions (Voluntary Repatriation) 1/99 Page 4 ARC (Action