3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
Exclusion from the possibility of naturalising can be seen as intimately
linked with other refugee policy responses that focus on exclusion,
including governments’ privileging of repatriation as the only viable
solution to the near total exclusion of integration. In a context in which
the default position of host governments (and as a result, UNHCR) has
often been to house refugees in camps and settlements, while many
have technically “enjoyed” international protection under refugee law,
in reality the conditions of their exile – constrained by lack of freedom
of movement and exclusion from meaningful integration, among other
issues – has been characterised by marginalisation from meaningful
engagement with the State. UNHCR’s new ‘Alternatives to Camps’
policy, discussed below, offers a significant opportunity to challenge
the status quo in this regard. While host countries are likely to be
reluctant to grant refugees citizenship under any circumstances, this
trepidation is only likely to be increased in circumstances in which de
facto integration has been discouraged by encampment. The reality
is that many refugees remain in exile indefinitely and lack of access
to naturalisation means that they are effectively left with no State to
assert their rights.
Finally, linkages between forced migration and statelessness are
particularly pertinent in discussions on “durable solutions” – which,
ultimately, are supposed to be about the (re)securing of citizenship
ties either through returning “home” or through obtaining a new
nationality. Repatriation has been aggressively pursued as the
optimal outcome in any situation of displacement, to the neglect
of both resettlement and local integration – just as those who are
stateless are often told to look elsewhere for their nationality.
All too often refugees have, in practice, become pawns in interState relationships through tripartite agreements that have had
a negative, rather than the intended positive, impact on the basic
rights of refugees,12 and those who are displaced have, at times,
been forced to return “home” even though the circumstances that
made them flee have not changed or have not changed sufficiently.
For instance, in July 2010 Ugandan police, in conjunction with staff
of the Office of the Prime Minister’s Directorate of Refugees, carried
out an operation to round up and remove approximately 1,700
12
B.H. Bond, “Repatriation: Under What Conditions Is It the Most Desirable
Solution for Refugees? An Agenda for Research.” African Studies Review 1989,
Vol. 32(1), pp. 41–69.
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