2004 (Executive Committee—55th Session)
(k) Notes the importance of ensuring nationality; and urges countries of origin to ensure that there is no
exclusion of returning refugees from nationality and that statelessness is thus avoided; and recalls in this context
Conclusion No. 78 (XLVI) on the prevention and reduction of statelessness and the protection of stateless
persons;
(l) Notes also the importance of providing under national law for the recognition of the civil status of
returning refugees and changes thereto, including as a result of births, deaths, adoptions, marriage and divorce,
as well as of documentation or registration proving that status, issued by the competent bodies in the country of
asylum or elsewhere, taking into account the special situation of returning refugee women who may not have
documentation proving their civil status or who may face difficulties securing recognition of documentation
issued by the authorities of the country of asylum;
(m) Calls on countries of origin and countries of habitual residence to accept back refugees who are nonnationals but have been habitually resident in that country, including those who were previously stateless there;
(n) Stresses the importance of family unity during and following voluntary repatriation; and calls upon
States, where necessary, to assist spouses and family members of different nationalities to remain together as
families;
(o) Notes the importance of skills of returning refugees for self-reliance and, in this context, calls upon
countries of origin to ensure non-discriminatory access for returning refugees to processes, where they exist, to
recognize the equivalency of academic, professional and vocational diplomas, certificates and degrees acquired
by returning refugees while abroad; and encourages countries of origin to recognize the equivalency of primary
and secondary education received abroad by returning refugees;
(p) Recommends that in consultation with refugee communities consideration be given to addressing the
specific needs of returning refugees – including women, children, older people and other persons with special
concerns – in order to ensure that they receive adequate protection, assistance and care throughout the
repatriation and initial reintegration process; and stresses in this context that particular attention needs to be
given to ensure that unaccompanied or separated children are not returned prior to successful tracing of family
members or without specific and adequate reception and care arrangements having been put in place in the
country of origin;
(q) Reiterates that UNHCR, in line with its mandate responsibility, be given free and unhindered access to
returning refugees, as needed, in particular, so as to monitor the latter's proper treatment in accordance with
international standards, including as regards the fulfilment of amnesties, guarantees or assurances on the basis of
which refugees have returned;
(r) Encourages the country of origin, host countries and UNHCR in cooperation with other relevant actors
to provide refugees with complete, objective and accurate information, including on physical, material and legal
safety issues, prior to their voluntary repatriation to and reintegration in the country of origin;
(s) Encourages UNHCR to collaborate with other United Nations entities, international and nongovernmental organizations, in particular those with mandates and expertise in rule of law, development and
peacekeeping as well as peace-building, with a view to removing legal, administrative and other barriers to
return in countries of origin, and, in doing so, contributing more generally to promoting the rule of law and
respect for human rights and fundamental freedoms;
(t) Encourages the international community at large to mobilize adequate and sustained support to
countries of origin, particularly those emerging from conflict, to assist them to restore national protection to,
including respect for the human rights of, their citizens and former habitual residents, including returning
refugees.
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