Diss. Stockholm : Univ., 2007.

[pt] O propósito deste trabalho é compreender a política de repatriação voluntária de refugiados desenvolvida pelo Alto Comissariado das Nações Unidas para Refugiados (ACNUR), tendo como referência o processo de repatriação de refugiados angolanos, entre 1975 e 2013. Esta dissertação analisará também os fatores condicionantes históricos, especialmente entre a Guerra Fria e seu término, o processo de construção e reconstrução da figura do refugiado e como referida figura se insere no sistema internacional. O processo de constituição do Estado angolano, após a independência, e a presença das Missões de Paz das Nações Unidas em Angola formam o pano de fundo das diferentes tentativas de repatriação de refugiados nos últimos quarenta anos. A partir de experiências precedentes de repatriação voluntária, efetuadas na África, serão investigadas as linhas gerais desenvolvidas pelo ACNUR para solucionar a questão dos refugiados angolanos. / [en] The purpose of this dissertation is to understand the policy of voluntary repatriation of refugees developed by the United Nations High Commissioner for Refugees (UNHCR) with reference to the process of repatriation of Angolan refugees between 1975 and 2013. This dissertation will also examine the historical factors, especially between the Cold War and its end, the processes of construction and reconstruction of the figure of the refugee and how it fits into the international system of States. The process of formation of the Angolan State, after independence, and the presence of Peacekeeping Missions of the United Nations in Angola form the backdrop of the various attempts to repatriate refugees in the last forty years. From previous experiences of voluntary repatriation in Africa, the dissertation investigates the general guidelines developed by UNHCR to solve the question of Angolan refugees.

The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions. / Public, Constitutional, and International Law / LLM

The dissertation investigates South Africa’s legal aspects pertaining to voluntary repatriation of refugees. The repatriation of Mozambican and Angolan refugees was referred to in order to examine the loopholes in the process of repatriating them. This study moreover examines whether the application of the cessation clause is in contravention of the principle of non-refoulement, which is intrinsically the cornerstone for voluntariness of repatriation. The analysis of international, regional and South Africa’s refugee protection framework demonstrates that South Africa affords refugees the protection required by international law. This has been compared with states’ practice and case law with regards to refugee protection in countries including Canada and the United Kingdom. Although South Africa, Canada and the United Kingdom have comprehensive legal framework governing refugees’ protection, refugees’ rights have been violated on numerous occasions. The dissertation consequently concludes that notwithstanding the presence of international, regional and domestic legislations, the rights of refugees are violated due to their vulnerability and the repatriation process ignores the principle of voluntariness on several occasions. / Public, Constitutional, and International Law / LLM