Voluntary Repatriation: An Ideal Solution To The Problems Faced By Refugees And Stateless People Around The World?
Tanya Sharma, Hritwik Maurya & Kunal Mehta, B.B.A. LL.B, University School of Law and Legal Studies, GGSIPU, New Delhi
ABSTRACT
Voluntary repatriation is the process of a refugee, deciding from free will and without any coercion, to return to his or her country of origin. Historically, there have been three solutions to refugee concerns that are considered durable in nature, these were, resettlement in third countries, local integration and, voluntary repatriation. Presently, voluntary repatriation is recommended as the ideal and the most desirable solution to refugee problems. However, there has been little exploration of its adequacies and ramifications on the persons displaced. The continuance of grave statelessness, within the paradigm of International Law also presents new impediments to the international community. With the current outline of war- affected nations in mind, it becomes increasingly important to analyse the concerns of refugees. The first half of this article conceptualizes and elaborates upon the emergence of the new approach of repatriation, the concept of voluntariness attached with it, that makes a successful effort at repatriation and the problems faced by refugees and asylum-seekers, relating to nationality and statelessness. The second half tries to address the scope of the mass voluntary return of refugees to their original countries, along with the pros and cons of this approach. Conclusively, this paper aims to explore the conditions under which voluntary repatriation can pragmatically be considered as the most durable solution to global refugee crisis, and how successfully implementing this method can help in balancing the interests of both, the States providing asylum to asylum-seekers, as well as, refugees fleeing persecution.
