CEU Electronic Theses and Dissertations, 2020
| Author | Muchuma , Caroline Shikuku |
|---|---|
| Title | Voluntary Repatriation Perspectives From The Great Lakes Region: Kenya, Tanzania, And Uganda |
| Summary | This paper is a comparative study of voluntary repatriation practices in Kenya, Tanzania and Uganda from 1997 to 2018. The paper seeks to understand the legal and policy frameworks and practical considerations that inform and drive repatriation projects in the three countries. This thesis examines how voluntary repatriation projects in the selected countries are in keeping with the threshold laid down by law. It also examines the practice in light of UNHCR guidelines that complement the legal framework. The thesis establishes the normative framework on repatriation and explores the legal provisions on repatriation at the international and national levels. It highlights the conditions necessary for voluntary repatriation and proceeds to examine the practices in each of the three countries: Kenya, Uganda and Tanzania. To identify points of convergence in practice as well as good practices surrounding repatriation, the thesis utilizes a comparative approach. The analysis is aimed at identifying areas for reform in as far as ensuring sound refugee protection in the quest for durable solutions. The analysis concludes that although Kenya, Uganda and Tanzania are signatories to the Refugee Convention as well as the OAU Convention and have enacted domestic laws on refugee protection, these laws have not been implemented to the latter. Voluntariness in repatriation exercises has not been fully achieved and as such these organised returns are fraught with human right violations, fall short of the threshold set by law and in some instances have amounted to refoulement. The thesis recommends the adoption of comprehensive repatriation programmes that are informed by human rights based approach to refugee protection. The thesis posits that refugees should participate in making their own return decisions or seeking alternative options. The research recommends the setting up of Quadripartite Commissions to replace Tripartite Arrangements between countries of origin, country of asylum and UNHCR. As the fourth estate, refugees would proactively engage in the returns process and guarantee voluntariness. The research advances alternative options for refugees who do not wish to repatriate mobility for labour reasons and cross-border mobility arrangements for refugees where naturalization is not feasible. The thesis further recommends that UNHCR and countries intending to invoke cessation clauses must ensure the threshold has been met. The thesis in conclusion underscores the significance of voluntariness in repatriation efforts and acknowledges the inherent potential of states to respect human rights and uphold refugee protection. |
| Supervisor | Nwogu Victoria Ijeoma |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2020/muchuma_caroline.pdf |
Visit the CEU Library.
© 2007-2021, Central European University