Unhcr and Voluntary Repatriation of Refugees: A Legal Analysis

Voluntary repatriation of refugees is generally considered to be the preferred, even ideal, solution to what is traditionally designated 'the problem of refugees'. Its popularity may also be inferred from the fact that the United Nations High Commissioner for Refugees has declared the nineties to be the 'decade of voluntary repatriation'. This study attempts to analyze the legal meaning of voluntary repatriation, its place within the framework of universal refugee law, & whether or not it deserves to be called an ideal solution. The focus is on UNHCR--the agency which is mandated to assist in the voluntary repatriation of refugees--as the constant & recurrent actor in the practice of organized largescale repatriations. The study comprises a brief historical analysis of the events which preceded the adoption by the General Assembly of the Statute of the High Commissioner with its reference to voluntary repatriation, the evolution of the High Commissioner's mandate over the past 45 years, as well as four case studies: the voluntary repatriation of Cambodian refugees in 1980 and, again, in 1992 & 1993; of Iraqi (Kurdish) refugees in 1991; & of Mozambican refugees (from Malawi) in 1993-1995.