EC/SCP/13 page 6
19. The question of the observance of the terms of amnesties or of similar assurances was also the subject of a recommendation 1/ of the 1979 Arusha Conference, in which the Conference invited the OAU to male a declaration to the effect that granting of amnesty should be held sacrosanct and inviolate". In this recommendation, the Conference also
called upon all African Governments:
20.
"to consider making official public declarations of amnesty to their respective nationals currently in exile, so as to encourage their voluntary repatriation. Guarantees for safe return and machinery to supervise such guarantees to be considered and worked out both by the countries of origin and the countries of asylum in co-operation with the OAU, the refugee-serving agencies and the refugees concerned or their representatives.
fî
It sometimes happens that the Office is requested by refugees to provide guarantees as to their safety upon their return to the country of origin. It will be appreciated that UNHCR is not able to give such a guarantee, which can only be provided by the State to which the refugee wishes to repatriate.
(c)
21.
Establishing the voluntary character of repatriation
As indicated earlier, the need for repatriation to be voluntary is an essential requirement. Refugees should always have the opportunity to express in complete freedom their wish to return home. In certain situations it may be in the interest of the refugees and the Governments concerned to establish special arrangements, for example, providing for the presence of representatives of the two interested countries and a neutral observer. UNHCR has indeed frequently acted in the latter capacity.
22.
Where individual or small groups of refugees are concerned, the voluntary nature of repatriation can normally be established without any difficulty, e.g. by speaking to the refugees personally and asking them to sign a repatriation form. In the case of large-scale repatriation movements, on the other hand, it may be difficult or even impossible to establish the voluntary character of the repatriation on an individual basis and it may be necessary to work out special arrangements involving, for example, the presence of independent observers at established assembly centres and/or crossing points.
1/ ibid., paragraphs 7 and 8