The Meaning of Words and the Role of UNHCR in Voluntary Repatriation

Starting from the premise that words take meaning from their context, the author explores some of the legal and policy issues presently affecting UNHCR's involvement with the voluntary repatriation of refugees. Specifically, he argues that a global policy perspective is essential to understanding the meaning of words like ‘facilitation’, ‘promotion’ and ‘encouragement’. Today's context, in which the ideological justifications for refugee policies have largely disappeared, finds the developed world adopting increasingly restrictive policies. Moreover, the developed States will likely attempt to give these words expansive meaning, for it will help them contain the problem in the developing world. In these circumstances, developing concepts of ‘preventive protection’ and ‘safe return’ may well work to the detriment of those in need of protection. The author considers the extent to which UNHCR, in its efforts to promote or facilitate the voluntary repatriation of refugees, may encourage return movements in times of continuing conflict, even to the extent of dealing with ‘non-recognized entities’, often contrary to the principle of non-intervention. He also warns against the dangers of coerced return resulting from receiving and developed States' concerns to ‘solve’ problems, even for example in situations of ‘spontaneous’ repatriation. While voluntary repatriation is perhaps the ideal solution, this should not be the pretext to coerce refugees to go back to situations from which they fled in the first place.