Voluntary repatriation in the 21st century: a legal and practical review for the voluntary return of refugees under international law

According to the United Nations High Commissioner for Refugees (UNHCR), voluntary repatriation has been the most desirable and ideal solution among the traditional durable solutions for refugees, alongside local integration and resettlement. Although the current forced displacement rate is the highest ever, primarily due to contemporary armed conflicts, most of the refugees fleeing from conflicts lack any timely and durable solution. This fact stresses the urgent need to reassess the effectiveness of existing durable solutions. Accordingly, this thesis investigates, from the standpoint of international law, how voluntary repatriation can be a durable and sustainable solution method. The term ‘refugees’ refers to forcibly displaced individuals legally deemed nonreturnable to their countries of origin due to well-founded fear of persecution. Consequently, the repatriation of a refugee must be fundamentally predicated on the principle of voluntariness. Nevertheless, there is no dedicated international convention on voluntary repatriation. Thus far, the right to return, the principle of non-refoulement, and UNHCR's mandate have shaped the operation of voluntary repatriation. The thesis proposes that voluntary repatriation should be included as a component of the international protection regime for refugees. Moreover, refugee returns within the humanitarian, development, and peace nexus could help ensure the durability and sustainability of voluntary returns. Correspondingly, the thesis explores the historical development of voluntary repatriation and the roles of the UNHCR, the legal framework of voluntary repatriation and obstacles posed by 21st century refugee conditions. Two case studies, Somalia and Afghanistan, are analysed to illustrate these dynamics and the potential of the Global Compact on Refugees for effective voluntary repatriation is discussed. Hence, the findings and recommendations from this research will inform a guideline with a legal perspective on effective voluntary repatriation and novelly contribute to the literature on voluntary repatriation in international law.