Return: Policy and Practice

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Return: Policy and Practice

A guide for European National Red Cross and Red Crescent Societies

30 May 2008

1. Introduction

Refugees, asylum seekers and other migrants often find themselves in situations of

vulnerability. Those who are forcibly uprooted due to persecution, armed conflict and other

human rights abuses are particularly vulnerable. All through the displacement and migration

process, States have the primary responsibility for protection and for providing assistance

when it is needed.

The number of people staying in Europe without any residence permit is growing. These

irregular migrants are in danger of becoming victims of abusive, exploitative and

discriminatory treatment and may risk being returned to their home countries at any time,

sometimes without having access to legal procedures to assure that return is carried out in

safety and dignity.

Many rejected asylum seekers and other migrants who are obliged to returnfind themselves

stranded in EU countries for long periods of time, living under difficult conditions, sometimes

in destitution. At the same time, prospects for sustainable return are often bleak. These are

issues of serious humanitarian concern. As a consequence, the humanitarian imperative of

the Red Cross and Red Crescent Movement requires National Red Cross and Red

Crescents Societies to prevent and alleviate the suffering of people who find themselves in

such situations of vulnerability.

However, supporting persons who are obliged to return can be a challenging task. Bearing in

mind the profound vulnerabilityof many returnees, the interest of States in returning people

who are not (or no longer) entitled to stay on their territories, and the role of National Red

Cross and Red Crescents Societies as neutral humanitarian players, the Fundamental

Principles of the Movement become critical in the identification of appropriate activities. To


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reach a common approach among National Societies in Europe, with the aim of providing

returnees with adequate assistance and protection, clear guidance is needed.

The purpose of this guide is therefore to set a framework for Red Cross and Red Crescent

action in favour of returnees, providing direction for advocacy activities and servicedeliveryby National Red Cross and Red Crescent Societies. The guide is a development of

and complements the 1999 PERCO Repatriation Guidelines for National Red Cross and Red

Crescent Societies.

2. Scope of the guide

This guide addresses protection and assistance offered by European National Red Cross

and Red Crescent Societies to asylum seekers, irregular migrants and other vulnerable

persons who may be obliged to returnto their country of origin (hereafter also referred to as

returnees). It applies to all activities in favour of returnees irrespective of whether the persons

concerned comply with the obligation to return or are subject to enforced removal, including

those who are kept in detention.

3. Framework for Red Cross and Red Crescent action in favour of

returnees

The mission of the International Red Cross and Red Crescent Movement is to prevent and

alleviate human suffering wherever it may be found1. To this end, National Societies work

to improve the lives of vulnerable people by mobilizing the power of humanity 2.

3.1 Fundamental principles and decisions of the International Red Cross and

Red Crescent Movement

Principles of Humanity, Impartiality, Neutrality, Independence and Voluntary service

In accordance with the fundamental principles of HumanityandImpartiality, the motivefor

the involvement of National Red Cross and Red Crescent Societies in assisting vulnerable

persons who may be obliged to return to their country of origin is strictly humanitarianand

based purely on, and prioritised by, need and vulnerability. National Societies are not

1Statutes of the International Red Cross and Red Crescent Movement, 2006 (www.icrc.org).2Strategy 2010, International Federation of Red Cross and Red Crescent Societies, 1999

(www.ifrc.org).
http://www.icrc.org/http://www.ifrc.org/http://www.ifrc.org/http://www.icrc.org/


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motivated and must not be deterred by definitions or status 3. All activities are

consequently carried out with full respect for the principle of Impartiality: services are guided

solely by needs and give priority to the most urgent cases of distress without any

discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic

features, language, religion or belief, political or any other opinion, membership of a national

minority, property, birth, disability, age or sexual orientation.

Neutrality is a core working principle and a means to secure effective access to the most

vulnerable. While National Societies may not engage in controversies of a political, racial,

religious or ideological nature, they should seek the support of governments to prevent and

alleviate human suffering. In this regard, persuasion through dialogue and negotiation (i.e.

private face-to-face advocacy) is the preferred method, but as a last resort it may be

necessary to make an issue public in order to protect the dignity of the persons concerned.

The principle of Independenceis of particular relevance as the interests of persons who are

obliged to return may conflictwith the interests of States. As underlined by the Movements

Council of Delegates (see below), when National Red Cross and Red Crescent Societies

offer protection and assistance to returnees, it must be ensured that governments at all times

respect their adherence to the Fundamental Principles. National Societies must never be part

of, or perceived to be part of, the execution of a States decision to return or forcibly remove

an individual. When acting as auxiliaries in the humanitarian services of their governments,

National Societies must maintain their autonomy and have the duty to declineany request by

States to perform activities which are in conflict with the Fundamental Principles or the

Statutes of the Red Cross and Red Crescent Movement4.

Moreover, in accordance with the principle of Voluntary service, National Red Cross and

Red Crescent Societies are only concerned with the humanitarian interest of the persons

who require our help. National Societies are not prompted in any manner by desire for gainand should withdraw their assistance if this is the wish of the person concerned.

3 Cf. The Istanbul Commitments, adopted by the 7th European Regional Conference of theInternational Federation of Red Cross and Red Crescent Societies, 2007 (www.ifrc.org).4Resolution 3, Council of Delegates, 2007, and Resolution 2, 30

thInternational Conference of the Red

Cross and Red Crescent, 2007 (www.icrc.org).
http://www.ifrc.org/http://www.icrc.org/http://www.icrc.org/http://www.ifrc.org/


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The activities of National Societies in the field of return are based on strict

adherence to the Fundamental Principles of the Red Cross and Red Crescent

Movement and exclusively focussed on the vulnerabilities and humanitarian needs

of the persons concerned.

Accordingly, the legal or other status of a person who requires the assistance of a

National Society and whether she/he cooperates with the relevant State authorities

are not valid considerations when her/his need and vulnerability is assessed.

When carrying out activities in favour of returnees, National Societies must ensure

that they maintain their independence and impartiality at all times.

Decisions of the International Red Cross and Red Crescent Movement

Based on the above considerations the components of the Movement5 have adopted a

number of resolutions addressing the need to improve protection and assistance to returnees

who find themselves in a situation of vulnerability. 6

A clear position regarding return is set by Resolution 9 The International Red Cross and Red

Crescent Movement and refugees of the 1991 Council of Delegates:

The Council of Delegates requests the various components of the Movement, to

actively seek support of the governments with a view to ensure that a decision to

deny asylum is taken only within the framework of fair and proper procedures and

that the principle of return in safety and dignity of rejected asylum-seekers is

reaffirmed and, if assistance is given by National Societies, to respect their

adherence to the Fundamental Principles of the Movement.

Resolution 4 Movement Actions in Favour of Refugees and Internally Displaced Persons,

adopted by the 2001 Council of Delegates, call upon the Movement to:

5National Red Cross and Red Crescent Societies, the International Committee of the Red Cross

(ICRC) and the International Federation of Red Cross and Red Crescent Societies.6

A compilation of resolutions in the field of assistance to asylum seekers, refugees, displaced persons

and returnees can be found in Assistance to asylum seekers in Europe - A guide for EuropeanNational Red Cross and Red Crescent Societies, International Federation of Red Cross and RedCrescent Societies, 2003 (www.ifrc.org); recent resolutions are also available at www.ifrc.org.
http://www.ifrc.org/http://www.ifrc.org/http://www.ifrc.org/http://www.ifrc.org/


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To seek to ensure at all times that the Movements response adopts a global

approach, addressing both the needs of refugees and internally displaced persons

whenever possible, by appropriately addressing all stages of displacement, from

prevention to return and also the needs of the resident population in order to ensure

respect for the Principle of Impartiality at all times.

It further specifies that such an approach should take into account, inter alia, the need for

protection, assistance, tracing, family reunification and durable solutions such as return, local

settlement, or resettlement in a third country.

In Resolution 10 of the 2003 Council of Delegates, Movement Actions in Favour of

Refugees and Internally Displaced Persons, the Council expressly recognizes the profound

vulnerability that often accompanies the return of refugees and internally displaced persons

(IDPs) to their places of origin;andreiterates the Movements commitment to address the

needs of, and to continue to pursue and develop activities for, displaced people.

Finally, in 2007 the Council of Delegates, through Resolution 5 on International Migration,

requests the components of the Movement to cooperate closely and coordinate within and

beyond the Movement to support the provision of the necessary services and protection to

vulnerable persons throughout the entire migratory cycle, including return and reintegration.

3.2 Key working concepts

Vulnerability caused by return

Vulnerability is a relative and dynamic concept 7. In this context, the starting point for National

Society action in favour of returnees is the additional albeit in many cases temporary

vulnerability caused by return to persons who are already in a vulnerable situation. They mayreturn to uncertain and precarious conditions, sometimes finding themselves in a worse

situation than when they left their country of origin. They may have serious concerns about

their livelihood as well as their safety. Moreover, any use of force risks causing human

suffering and enforced removal can, therefore, create situations of extremevulnerability.

7Strategy 2010, International Federation of Red Cross and Red Crescent Societies, 1999

(www.ifrc.org).
http://www.ifrc.org/http://www.ifrc.org/


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Return in safety and dignity

The principle of return in safetyand dignityis central to all return activities. Return in safety

means that return takes place in conditions of legal safety and physical and material security.

Return in dignity means that return is undertaken, as a rule, without the use of force (any

use of coercive measures must be kept to a minimum and undertaken in a manner

consistent with internationally recognised human rights standards); that no one is arbitrarily

separated from family members; and that returnees are treated with respect and full

acceptance by their national authorities.8

3.3 International law

Internationally recognised human rights standards

European National Red Cross and Red Crescent Societies are also guided by internationally

recognised human rights standards. International law obliges States to respect and protect

the human rights of every individual under their jurisdiction and control.

According to the Universal Declaration of Human Rights, Everyone has the right to seek and

to enjoy in other countries asylum from persecution. Access to fair and proper asylum

procedures must therefore be guaranteed, ensuring full implementation of the 1951

Convention relating to the Status of Refugees (Refugee Convention) and its 1967 Protocol.

The principle of non-refoulement must be respected under all circumstances. A part of

customary international law (and codified by international human rights and refugee law,

including the 1951 Refugee Convention), this principle prohibits the return of people to

countries where their lives or freedom may be threatened or where they would risk torture or

cruel, inhumane or degrading treatment or punishment.

To return is every individuals human right. Article 13 of the Universal Declaration of Human

Rights provides that Everyone has the right to leave any country, including his own, and to

return to his country.

Return must always be carried out in conformity with human rights standards. Of particular

importance are the rights set out in the European Convention for the Protection of Human

8 Cf. UNHCR Handbook on Voluntary Repatriation, 1996 (www.unhcr.org); UNHCR promotesvoluntary repatriationof refugees when a careful assessment of the situation shows that theconditions of safety and dignity can be met.
http://www.unhcr.org/http://www.unhcr.org/


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Rights and Fundamental Freedoms (including relevant case-law of the European Court of

Human Rights), the Universal Declaration of Human Rights, the International Covenant on

Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment and the Convention on the Rights of the Child. 9

With regard to measures taken by States in direct relation to the return and removal of

individuals, the prohibition in the relevant conventions against torture, inhuman or degrading

treatment or punishment must be respected. Equally, the right to respect for private and

family life, physical and moral integrity is central.

Whenever necessary, National Societies must remind governments of their

obligation to protect and respect the human rights and dignity of all persons whoare obliged to return,in particular with regard to the principles of non-refoulement

and return in safety and dignity.

While National Societies support persons who require their help to return, National

Societies must not promote return as this would imply an assessment on their

part that conditions are such that return can take place in safety and dignity.

4. Return policy: Red Cross and Red Crescent advocacy positions

Advocacy is an essential tool in our work to improve the situation of asylum seekers, irregular

migrants and other vulnerable persons in Europe who may be obliged to return to their

countries of origin. National Red Cross and Red Crescent Societies world-wide acknowledge

that as much can be achieved through mobilizing people and influencing decision-makers

whether through private face-to-face advocacy or public campaigns as through delivering

services10.

Advocacy may be needed in individual cases as well as on issues of general concern, for

instance in relation to State return policy and programmes. As already noted, persuasion

through dialogue and negotiation is the preferred method.

National Red Cross and Red Crescent Societies, with their extensive experience in working

with vulnerable refugees, asylum seekers and other migrants, have a great potential of being

9 See www.ohchr.org for the texts of the relevant treaties.10

Strategy 2010, International Federation of Red Cross and Red Crescent Societies, 1999(www.ifrc.org).
http://www.ohchr.org/http://www.ifrc.org/http://www.ifrc.org/http://www.ohchr.org/


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effective advocates for the rights of returnees. Efforts to influence national and international

return policies, laws and practice, and reminding governments of their obligation to protect

and respect their human rights and dignity, are critical in this respect. Dissemination of

international humanitarian law, human rights law, refugee law and the Fundamental

Principles will contribute to enhanced protection and humane treatment of people who are

obliged to return.

Through the Istanbul Commitments, adopted by the 7th European Regional Conference of

the International Federation of Red Cross and Red Crescent Societies, European National

Red Cross and Red Crescent Societies have undertaken to:

insist on governments respecting the rights of all migrants, including in particular

respect for and due application of the Principle of Non-refoulementand the provisions

of the 1951 Refugee Convention and its 1967 Protocol, and implementation by

governments of all their international and national legal and human rights obligations.

We will advocate for the regularisation of the status of all migrants whose status has

been undetermined for a long period of time.11

In the spirit of the Istanbul Commitments and based on the framework for Red

Cross and Red Crescent action in favour of returnees, the overall objective of

advocacy activities is that all persons who are obliged to return should have the

opportunity to do so in safe and dignified conditions.

This objective is supported by the following positions, which, whenever necessary, should

be promoted through appropriate advocacy activities:

Decisions to deny asylum or other forms of international protection are only

taken within the framework of fair and proper procedures in which asylum

seekers have confidence; reception standards ensure humane treatment and decent

material conditions12;

No one is returned in breach of the principle of non-refoulement a part of

customary international law which prohibits the return of rejected asylum seekers

and other migrants to countries where their lives or freedom may be threatened or

11 The Istanbul Commitments, adopted by the 7th European Regional Conference of the InternationalFederation of Red Cross and Red Crescent Societies, 2007 (www.ifrc.org).12

See Guidelines on the reception of asylum seekers, International Federation of Red Cross and RedCrescent Societies, 2001 (www.ifrc.org/perco).
http://www.ifrc.org/http://www.ifrc.org/percohttp://www.ifrc.org/percohttp://www.ifrc.org/


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where they would risk torture or cruel, inhumane or degrading treatment or

punishment;

Persons who, due to the general situation in the country of origin or due to

practical reasons, have been awaiting return for a long period of time, are

granted a secure legal status in the host country, even though they might not

initially have been found to be in need of international protection;

Return must never lead to the separation of family members ;

Return is well prepared and undertaken in a humane manner, in full respect for

the human rights and dignity of those affected; in this regard, persons who are

obliged to return are informed about their rights and conditions in countries of origin

and have access to pre-departure counselling;

Return is sustainable and does not lead to further (secondary) displacement; to

this end, returnees are given adequate time to prepare their return as well as

necessary support and re-integration assistance; conditions that are conducive to

return are created in the country of origin;

The human rights and dignity of people returned are protected and respected in

their countries of origin and they are not discriminated against.

5. Return practice: Red Cross and Red Crescent services for

returnees

The position of National Red Cross and Red Crescent Societies as impartial, neutral and

independent humanitarian actors which are part of a world-wide network often makes us well

placed to offer protection and assistance to returnees. The range of possible activities is

extensive and their availability will depend on local needs and the capacities and priorities of

the National Societies concerned.

All activities including monitoring of conditions carried out by a National Society in favour

of returnees must be clearly specified and understood by all stakeholders, including the

persons who require our help as well as relevant State authorities. Critically, National

Societies must at all times be satisfied that the services provided support the humanitarian

interestof the returnees concerned. As noted above, National Societies must never be part

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of, or perceived to be part of, the execution of a States decision to return or forcibly remove

an individual.

Activities can be divided into the following categories:

Pre-departure counselling, information and preparations in the host country

These are examples of services that could be offered to returnees by the National Society in

the host country, with the aim of facilitating return and preparing re-integration:

counselling/advice on prospects of remaining in the host country;

counselling/advice on return and re-integration, including providing updated

information about available return assistance and conditions in countries of origin

(such as the social and economic situation, housing and property and employment

issues and availability of re-integration assistance, health care and education);

re-establishment of family links;

vocational training and employment promotion;

psychological and social support;

establishing contacts with the National Society and other relevant organizations in the

country of origin; and

assistance in making travel arrangements.

Re-integration assistance in the country of origin

These are examples of services that could be offered to returnees by the National Society in

the country of origin, with the aim of supporting the re-integration process through ensuring

access to basic rights and services:

provision of initial/transit accommodation and material/financial/medical support upon

arrival, including through referral to local authorities and relevant organizations;

provision of additional support in emergency cases, such as for housing, food or

medicines;

psychological and social support;

counselling/advice and assistance in accessing services related to housing,

employment, health care and education;

assistance to support self-reliance, including in finding employment and setting up

small business; and

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longer-term individual counselling-, coaching-, referral- and follow-up.

Monitoring conditions of return

In order to ensure proper assessment of return conditions and to safeguard that the human

rights and dignity of the individual returnee are not compromised, monitoring of returns is

vital. Monitoring is relevant during all the different phases of the return process before

return has taken place (in the host country) as well as after return (in the country of origin,

requiring co-operation between affected National Societies). It is a matter of follow up on

individual returnees, the implementation of return policies and on the work carried out by

States and other actors in relation to return. Through monitoring National Red Cross and Red

Crescent Societies can provide feedback to other National Societies and agencies

concerned, with the prospect to improve protection and assistance of returnees.

Taking into account the wide range of possible activities and the framework for

Red Cross and Red Crescent action in favour of returnees, services provided by

National Societies to returnees will depend on local needs and capacities and

support the humanitarian interest of the persons who require our help;

National Societies must ensure that returnees are fully informed about the

contents and limits of the services provided and that they understand the position

of National Societies as impartial, neutral and independent humanitarian actors.

6. Additional considerations

In addition to what has already been mentioned, there are a number of critical issues that

need to be taken into consideration when providing protection and assistance to returnees.

General considerations

An important element of National Society activities in favour of returnees is an understanding

of the role of return in the personal migration process as well as of the fact that the individual

return process has different stages.

During the whole migration process, from the phase of displacement to finding a long-term

solution, all fundamental decisions regarding this process are influenced by the

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migrant/returnee and her or his general situation, including her/his well-being, health, family

situation (family members may be left behind in the country of origin or in a third country) and

the situation in the home country. Therefore, her/his attitude to return and engagement in

finding solutions may vary over time. The progress and the duration of stages of the return

process also depend on the individual circumstances of the returnee, e.g. the return process

of a single women, an unaccompanied minor or a family may be completely different to the

process of single man. It is thus essential to take into consideration gender and age aspects.

Effective access to persons who require our help

National Societies must assert the right of access to all returnees in need, irrespective of

their legal status13. The provision of services must also be organised in such a way that all in

need of assistance and protection can access them, including persons in detention. To this

end it may be necessary, depending on local conditions, to conclude a formal agreement

with the relevant State authorities.

Empowerment and respect of dignity

All activities must respect the dignity of the persons concerned and support their

empowerment, helping people to fully regain control of their own lives and must not make

long-term solutions more difficult. People can be offered assistance and advice, but they

must always have the opportunity to reject either or both.

Confidentiality and protection of personal information

Collecting or keeping sensitive personal information should be avoided where it is not

necessary. In any event, only information that is really required to support the humanitarian

interest of the persons concerned should be collected, it should be kept in a secure mannerand only shared with people who need it to provide assistance or protection.

If personal information has to be collected, the person concerned should be informed about

why it is being collected and who will have access to it and why. Such information may only

be forwarded to third parties, as for example State authorities, if the person concerned gives

his/her written consentor if there is an obligation, in accordance with national legislation, to

disclose the information to courts or authorities.

13The Istanbul Commitments, adopted by the 7th European Regional Conference of the International

Federation of Red Cross and Red Crescent Societies, 2007 (www.ifrc.org).
http://www.ifrc.org/http://www.ifrc.org/


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Co-ordination and partnerships

Co-ordination with all relevant stakeholders, such as State authorities, international

organizations and NGOs, is vital in order to make sure that all needs are addressed, in the

host country as well as in the country of origin, and to avoid duplication of activities. In this

regard, the needs of the local population in the country of origin must also be taken into

account.

At the same time, it is important to keep in mind that any co-operation/partnership agreement

or other similar arrangement with external actorsmust respect the framework for Red Cross

and Red Crescent action in favour of returnees and not in any way risk compromising the

independence and integrity of the International Red Cross and Red Crescent Movement 14.

Needless to say, any activity affecting other components of the Movement, in particular

National Societies in countries of origin, must be planned and implemented in close co-

operation with all parties concerned.

14 See in particular Resolution 10, "Minimum elements to be included in operational agreementsbetween Movement components and their external operational partners", Council of Delegates, 2003(www.icrc.org).
http://www.icrc.org/http://www.icrc.org/

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