TNAG-0975-FCO40-1194-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-in-other--1980 — Page 107

EC/SCP/13 page 2

4.

Voluntary repatriation is mentioned in the Statute of the High Commissioner's Office as one of the principal solutions to refugee problems. Moreover, in Resolution 428 (V) of 14 December 1950 - to which the Statute is annexed the General Assembly specifically called upon Governments to co-operate with the High Commissioner in the performance of his functions, inter alia, by "assisting the High Commissioner in his efforts to promote the voluntary repatriation of refugees.

17 The importance of voluntary repatriation has also been repeatedly stressed in various General Assembly resolutions adopted subsequent to the UNHCR Statute. The Office has also been called upon by the General Assembly to carry out various functions in connection with large-scale repatriation operations which have resulted in an expansion of its original terms of reference, more particularly as regards the provision of assistance to countries of origin to facilitate the re-integration of returning refugees.

5. While on the universal level, the question of voluntary repatriation is dealt with in General Assembly resolutions and in the UNHCR Statute, on the regional level in Africa, it is the subject of more concrete and detailed legal provisions. The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (Article V) in addition to affirming the voluntary character of repatriation, calls upon countries of asylumn, in collaboration with countries of origin, to make adequate arrangements for the safe return of refugees who request repatriation. The Convention, moreover, calls upon countries of origin, on receiving back refugees, to facilitate their resettlement and to grant them the full rights and privileges of nationals of the country and subject them to the same obligations. It is further provided that refugees who voluntarily return to their country shall in no way be penalised for having left it for any. of the reasons giving rise to refugee situations. The question of voluntary repatriation was also considered by the Conference on the Situation of Refugees in Africa which met in Arusha (United Republic of Tanzania) in May 1979. The Conference adopted a number of detailed recommendations on the matter which were subsequently endorsed by the Assembly of Heads of State and Governments of the OAU. The text of Article V of the OAU Refugee Convention will be found at annex to the present Note, and the relevant recommendations of the Arusha Conference endorsed by the OAU Heads of State and Government are to be found in document A/AC.95/INF.158.

6. It is proposed in the following paragraphs to examine (a) the development of the Office's action in regard to voluntary repatriation; (b) some of the specific questions which arise when seeking to facilitate voluntary repatriation and (c) on the basis of this examination, to arrive at acme conclusions aimed at strengthening the institution of voluntary repatriation and assisting in the solution of problems which may arise.