A/HRC/49/44
officially reclassified Damascus as “safe”134 and proceeded to revoke residency and work
permits of approximately 400 Syrian refugees from the capital.135 As of February 2022, those
deportations have not commenced. In March 2019, U.N. experts raised alarm at reports of
Rohingya refugees being forcibly deported from India to Myanmar, where they face potential
violence and persecution from the military. 136 Interlocutors also have reported that security
forces in India are using arbitrary detention to deter Rohingyas from fleeing to India. 137 In
February 2021, Indian Coast Guards allegedly deliberately delayed the rescue of a drifting
boat hosting 87 Rohingya refugees. Although eight people had died, Indian authorities
prevented the survivors from even disembarking.138
54.
Over the past decade, up to 4 million refugees and over 32 million IDPs have returned
to parts of their own country where armed conflicts have concluded or diminished
significantly in intensity.139 Devastation and neglect in such conflict-affected areas is usually
so significant that returnees find it very difficult to establish new livelihoods, access essential
services, and benefit from the rule of law. Reintegration of returnees is not a simple reversal
of displacement, but a dynamic process involving individuals, households, and communities
that have changed because of their experience of displacement, often for protracted periods.
However, insufficient trust-building and reconciliation processes and a lack of state capacity
to reassume responsibility for the rights of its citizens and the rule of law frequently challenge
sustainable reintegration.
55.
In societies with historically limited investment in gender equality, including land
rights, employment and education, women may face significant obstacles in securing income
and livelihood opportunities. Without a sustainable livelihood, returning members of
minority communities may need to uproot again.
56.
Religious or belief minorities also frequently face barriers when accessing effective
remedies in conflict, transition, and post-conflict situations. Under international law, States
are obliged to provide an effective remedy to victims of human rights violations. 140 Remedies
may differ depending on the victim's wishes and the local context. Some religious or belief
minorities prioritize safe return to their homeland, rather than the prosecution of perpetrators.
For example, the return of properties and businesses seized forcefully or appropriated in their
absence were key to a sense of justice and future security for some Yazidi and Christian
communities in Syria. 141 Meanwhile, some minority communities in Iraq believe that
effective reconciliation must prioritize truth-finding, searches for the missing (including
exhumation of mass graves) and memorialization of the dead and disappeared over criminal
justice proceedings.142 Yet, according to the United Nations Assistance Mission for Iraq, the
Government has only made limited progress on respecting victims’ rights to truth and
reparation, identifying the fate of the disappeared, and holding perpetrators criminally
responsible.143
57.
In several regions, religious or belief minorities have asserted that domestic justice
mechanisms are insufficiently independent or empowered to adjudicate cases arising from
134
135
136
137
138
139
140
141
142
143
https://www.refugeesinternational.org/reports/2020/1/28/lebanon-crossroads-growing-uncertaintysyrian-refugees.
https://ecre.org/denmark-experts-contributing-to-coi-reports-condemn-decision-to-deem-damascussafe-for-return-as-unhcr-reconfirms-its-position-on-returns-to-syria/.
https://www.thenewhumanitarian.org/news-feature/2022/1/11/how-Denmark-hard-line-Syrianrefugees-aid-group-ethical-dilemma.
https://www.hrw.org/news/2021/03/10/india-halt-all-forced-returns-myanmar.
AL IND 5/2019.
UA IND 6/2021.
https://www.unhcr.org/refugee-statistics/download/?url=Zo8NDs.
ICCPR, art. 2(3); Convention Against Torture, art. 14; CEDAW, art. 2; International Convention on
the Elimination of Racial Discrimination art. 6; Convention on the Rights of Persons with Disabilities,
art. 4.
Consultation-Peacebuilding.
Consultation-Iraq; https://www.ohchr.org/EN/NewsEvents/Pages/IraqMassGraves.aspx
https://www.ohchr.org/Documents/Countries/IQ/UNAMI-OHCHR-report-enforceddisappearances.pdf.
15