From Voluntary Repatriation to Voluntary Re-Establishment: Cessation of Refugee Status under Article 1C(4) of the Refugee Convention

Abstract

Abstract With refugees repatriating in increasing numbers to countries of origin affected by protracted conflict, article 1C(4) of the 1951 Convention relating to the Status of Refugees, providing for the cessation of refugee status where a refugee becomes ‘voluntarily re-established’ in his or her country of origin, is of key relevance. This article considers the application of article 1C(4) to the repatriation of refugees to countries of origin affected by protracted conflict, particularly from countries of asylum struggling with an influx of refugees. It does so in the context of the ongoing return of refugees to Syria from Lebanon and Jordan. The article analyses the interpretation of the elements of ‘voluntariness’ and ‘re-establishment’, and, on the basis of this analysis, argues that the cessation of rights and protections afforded to registered refugees in Lebanon and Jordan does not satisfy these elements. It recommends that action be taken by government and humanitarian authorities in Lebanon and Jordan to guarantee the ‘voluntariness’ of return and resettlement, and observes that durable re-establishment is unlikely to be realized by many Syrian returnees in the short term. The article also measures procedures used in the Syrian context against procedural guidance on the invocation of article 1C(4), and strongly recommends that procedures based on fairness and natural justice be implemented and complied with.