Refugee Repatriation Justice, Responsibility and Redress

Author: Megan Bradley
Publisher: Cambridge University Press
ISBN: 9781107026315
Published In: March 2013
Format: Hardback , 304 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Voluntary repatriation is now the predominant solution to refugee crises, yet the responsibilities states of origin bear towards their repatriating citizens are under-examined. Through a combination of legal and moral analysis and case studies of the troubled repatriation movements to Guatemala, Bosnia and Mozambique, Megan Bradley develops and refines an original account of the minimum conditions of a 'just return' process. The goal of a just return process must be to recast a new relationship of rights and duties between the state and its returning citizens, and the conditions of just return match the core duties states should provide for all their citizens: equal, effective protection for security and basic human rights, including accountability for violations of these rights. This volume evaluates the ways in which different forms of redress such as restitution and compensation may help enable just returns, and traces the emergence and evolution of international norms on redress for refugees.

• Brings together legal, moral and political analysis to propose a new theory of just return processes and state responsibility for resolving displacement

• Links debates on refugees/displacement, reparations politics/transitional justice, human rights and peacebuilding

• Uses four case studies on Guatemala, Bosnia, Mozambique and Palestine to problematise theory in light of challenges faced in practice

Acknowledgements	vii
List of Acronyms	ix
Introduction	1
The rise of return: political origins and practical implications of the focus on repatriation	2
Theoretical implications of the focus on repatriation	8
Reparations: a new threshold for morality in international politics?	13
Structure and scope of analysis	16
Contested terms and concepts	20
Part I Foundations of state responsibility and just return
1 Forced migration and the responsibilities of states: moral and legal perspectives	27
Responsibility in political theory	28
The responsibilities of states: legal views	36
Breaking the bond and the imperative of repair: theorising responsibility for forced migration	40
2 The conditions of just return: a minimum account	44
Why worry about just return?	46
The foundations of just return: legal provisions on repatriation and their moral and political implications	51
At the heart of the matter: return and redress, return as redress	61
3 The tools of repair: redress for returning refugees	65
Competing conceptions of redress	66
From the long shadow of Versailles: the modern reparations movement	71
Refugees in the reparations movement: recent history of an emerging norm	73
A norm in progress	92
Part II Historical experiences of return and redress
Introduction to Part II	95
4 Return and redress in Guatemala	99
Negotiating return, negotiating peace	102
Realising return and redress	108
A model return?	117
5 Return and redress in Bosnia and Herzegovina	122
Enabling and undermining return: the Dayton peace process	124
Redressing ethnic cleansing: diverse attempts, limited success	131
Disconnects among return, redress and responsibility	143
6 Return and redress in Mozambique	149
Ending war in Mozambique	153
An unlikely success? Return and the consolidation of peace	156
Unfinished business? Reparations, reconciliation and return	158
Just return and the responsibilities of a crippled state	169
7 Analysis of case studies	173
Crafting redress for returnees: insights from Guatemala, Bosnia and Mozambique	174
Implications for theorising state responsibility and just return	183
Part III Beyond repair? Grappling with hard cases
Introduction to Part III	191
Characteristics of hard cases	193
Snapshots of hard cases	197
Just return in hard cases	202
8 Just return and the Palestinian refugees	207
Contested lands and terms	211
The 1948 exodus: origins and attribution of responsibility	213
Resolving and redressing Palestinian displacement: frameworks and past efforts	221
The best we can do? Imagining just return in the Palestinian case	226
Conclusion	239
Bibliography	248
Index	285

Dr Megan Bradley
St Paul University, Ottawa

Advance praise: 'In this remarkable book, Megan Bradley brilliantly unlocks one of the greatest challenges in the politics of refugee protection: the conditions for a just return. She does so by integrating nuanced normative analysis with in-depth and highly readable historical cases, attaining both academic excellence and must-read policy relevance.' Alexander Betts, University Lecturer in Refugee Studies and Forced Migration, University of Oxford

Advance praise: 'This is the most important book on refugee repatriation in the last decade. Megan Bradley's argument for more just return for refugees, made on both a moral and legal basis, and illustrated with detailed case studies from around the world, is likely significantly to transform international norms and practice, as well as revitalize research on repatriation.' Khalid Koser, Academic Dean and Deputy Director, Geneva Centre for Security Policy