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 return find 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 vulnerability of 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 service
delivery by 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 return to 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 found” 1 . 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 Humanity and Impartiality, the motive for
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 humanitarian and
based purely on, and prioritised by, need and vulnerability. National Societies are not

1
Statutes of the International Red Cross and Red Crescent Movement, 2006 (www.icrc.org).
2
Strategy 2010, International Federation of Red Cross and Red Crescent Societies, 1999
(www.ifrc.org).
2
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 Independence is of particular relevance as the interests of persons who are
obliged to return may conflict with the interests of States. As underlined by the Movement’s
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 State’s 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 decline any request by
States to perform activities which are in conflict with the Fundamental Principles or the
Statutes of the Red Cross and Red Crescent Movement 4 .

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 gain
and 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 the
International Federation of Red Cross and Red Crescent Societies, 2007 (www.ifrc.org).
4
Resolution 3, Council of Delegates, 2007, and Resolution 2, 30th International Conference of the Red
Cross and Red Crescent, 2007 (www.icrc.org).
3
Æ 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.

Æ 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.

Æ 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 Movement 5 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:

5
National 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 European
National Red Cross and Red Crescent Societies, International Federation of Red Cross and Red
Crescent Societies, 2003 (www.ifrc.org); recent resolutions are also available at www.ifrc.org.

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 “To seek to ensure at all times that the Movement’s 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”; and reiterates the Movement’s 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 may
return 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 extreme vulnerability.

7
Strategy 2010, International Federation of Red Cross and Red Crescent Societies, 1999
(www.ifrc.org).
5
Return in safety and dignity

The principle of return in safety and dignity is 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 individual’s 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 “promotes”
voluntary repatriation of refugees “when a careful assessment of the situation shows that the
conditions of ‘safety and dignity’ can be met”.
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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.

Æ Whenever necessary, National Societies must remind governments of their

obligation to protect and respect the human rights and dignity of all persons who
are obliged to return, in particular with regard to the principles of non-refoulement
and return in safety and dignity.
Æ 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
services” 10 .

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).
7
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-refoulement and 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

Æ 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 conditions 12 ;

• 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 International
Federation 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 Red
Crescent Societies, 2001 (www.ifrc.org/perco).
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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
interest of 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 State’s 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.

Æ 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;

Æ 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 status 13 . 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 manner
and 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 consent or if there is an obligation, in accordance with national legislation, to
disclose the information to courts or authorities.

13
“The Istanbul Commitments”, adopted by the 7th European Regional Conference of the International
Federation of Red Cross and Red Crescent Societies, 2007 (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 actors must 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 agreements
between Movement components and their external operational partners", Council of Delegates, 2003
(www.icrc.org).
13