THE PROSPECT OF RETURNS: NOW IS NOT THE TIME
This brief paper represents the position of the signatories on the prospect of displaced Syrians’ return to their places of origin. Signatory organizations are all Civil Society Organizations (CSOs) that were established by displaced Syrians themselves or those working very closely with them. These organizations have activities in Syria, its neighboring countries or another refugee hosting country. These organizations provide services that include but are not limited to lifesaving humanitarian assistance, development and peacebuilding support, legal and human rights assistance, policy and research, capacity building and advocacy.
Syrian Context: forced displacement and return
By the end of 2018, more than 11.8 million Syrians were forcibly displaced by the ongoing violence: about half of the Syrian population immediately preceding the conflict in 2011. This includes 5.68 million Syrian refugees officially registered by United Nations Refugee Agency (UNHCR), most of whom reside in Turkey, Lebanon and Jordan. In the second half of 2018, there was a significant decline in hostilities in many parts of Syria, resulting in a reduction of new displacement of about 3 million in 2016 to 1.63 million in 2018. On the other hand, UNHCR has reported an increase in the number of refugees returning home over the last three years and announced an anticipation of further refugee returns this year. Some governments and international actors are even calling for the organized repatriation of Syrian refugees. Yet in 2018, the number of Syrians who were newly displaced was higher than the number of those who had returned to their place of origin – 1.47 million and 1.63 million respectively.
We believe that the conditions for voluntary return in safety and in dignity are not currently in place and call on the international community to reject plans to facilitate returns and step up their efforts in ensuring international protection for Syrians wherever they live.
Syria is not safe for refugees to return
Overall, the situation in Syria is still highly unconducive for the safe and dignified return of displaced Syrians. While the dangers of active conflict have been isolated to specific areas, targeted forms of structural violence and the risk of persecution remain. The root causes of the conflict - an abusive state apparatus and the lack of basic rights - have not been resolved, creating a high risk for recurrence of conflict. While the total number of people arbitrary detained and forcibly disappeared is impossible to accurately assess, it is estimated that at least 95,000 people have been forcibly disappeared between March 2011 and July 2018. State practices of torture and mass deaths in detention are well documented and ongoing.
Moreover, the issue of conscription presents another major safety concern for Syrians. Syrian men between the ages of 18 and 42 who have evaded conscription face detention. Those who are granted amnesty are still required to serve in the army. It is well documented that the Syrian Armed Forces has violated international humanitarian law throughout the conflict, amounting to war crimes and crimes against humanity. Syrians drafted into the army are compelled under penalty of law to follow all military orders. This means that men returning to Syria may be forced to participate in extrajudicial killings, torture and forced displacement of civilians. As a result, women are more likely to return than men, with women and children returning first in a split-return format, to settle property and civil documentation claims, and to assess conditions and available services in the intended area of return.
Further physical and legal protection concerns continue, including limited freedom of movement and the dangers posed by unexploded ordnance (UXO) and land mines. Housing, land and property protection concerns also present major barriers to return, with reports of looting, unlawful expropriation of property, demolitions in formerly opposition-held areas, and occupation of property by new families. Displaced Syrians’ vulnerability is gendered. A Syrian woman’s legal status in the civil registration system is derived from her relationship to her father or husband. Women are much less likely than men to possess legal documentations like marriage certificates, other civil society documentations and property documents, for example 1/50 women possess a passport compared to 1/5 men. This creates legal challenges for the many women whose male guardians have been killed or forcibly disappeared. In light of this dynamic, it is vital to incorporate a gender lens into any discussion of post-return protection challenges
.The real reasons why displaced Syrian return: push factors and lack of rights
The living conditions of displaced Syrians have been made extremely challenging thereby encouraging Syrians to go back to their place of origin prematurely. Returns induced by coercive push factors are neither voluntary nor dignified. The following factors are the main causes for premature returns; leaving them unaddressed amounts to refoulement (“forced return”):
Push Factors on Syrians living in Europe and the United States:
Push factors from Lebanon, Turkey and Jordan:
Push Factors on internally displaced Syrians
All of these push factors are exacerbated by donor fatigue. Humanitarian appeals for the Syria crisis remain significantly underfunded threatening to exacerbate the already dire humanitarian situation. As of 5 November 2018, the 2018 Syria regional refugee and resilience plan (3RP, covering Egypt, Iraq, Jordan, Lebanon and Turkey), which required USD 5.61 billion was only 46.3% funded (USD 2.59 billion). The 2018 Syria Humanitarian Response plan, which covers the situation inside Syria and required USD 3.36 billion, was only 56.3% funded (USD 1.89 billion).
Interpreting the numbers: increased IDP returns do not indicate safe conditions.
While there has been an increase in the documentation of IDP returns, these return movements do not indicate safe conditions. First of all, it is important to note that IDP returns are not tracked in a consistent and reliable manner due to severe access constraints throughout Syria. IDP returns are also not new in the Syrian context: throughout the war, Syrians have consistently left their areas of origin during violent escalations and subsequently return. For example, in 2015, a year which saw major hostilities, an estimated one million people from major cities in Idlib governorate left their homes and returned after the violence reduced.
Moreover, it is essential to distinguish between documented returns of IDPs and refugees in this context. IDPs tend to return back to their places of origin more than refugees, even if they lack guarantees of safety and the information needed to make a well-informed, voluntary decision. This is mainly because since 2015 international borders have significantly tightened, accordingly Syrians fleeing their homes settled inside the country in places that are not significantly safer than the place from which they came. Therefore one’s decision to return home should not be an indicator of significant improvement to the safety and security of their home or the environment in Syria. Instead it indicates that internally displaced persons in Syria are suffering high levels of risk.
We believe the reported increase in IDP returns has perpetuated a false narrative that Syria is safe for returns and consequently, negatively affecting the safety and living conditions of Syrian people wherever they may reside.
Recommendations:
To all international actors; governments, agencies and organizations:
Signatories:
Syrian Networks League (SNL);
Syrian General Union for charity and relief organizations, 33 CSOs.
Syrian NGO Alliance, 20 CSOs.
Minber Suriye, 41 CSOs.
Union of Syrian Civil Society Organizations, 48 CSOs.
WATAN network.
Ilaf Union.
Other local and diaspora CSO networks:
Shaml Syrian CSOs coalition, 7 CSOs.
Syrian Women Network, 17 CSOs.
American Relief Coalition for Syria (ARCS), 10 CSOs.
Arab NGO Network for Development.
Individual Civil Society Organizations:
Citizenship league
Syrian Center for Policy Research
Basmeh & Zeitooneh**
Women Now for Development**
Syria Relief and Development
Sawa for development and aid
FREE-Syria Foundation
Baytna Syria
Syrian center for media and freedom of expression
Syrians for Truth and Justice
Syrian American Council
International humanitarian relief
Bonyan Organization
Ghiras Al Nahda*
Children of One World*
Hand In Hand for Aid and Development*
Binaa for Development*
MASRRAT Establishment For Human Care and Development*
Physician Across Continents - Turkey (PAC-Turkey)*
Syrian American Medical Society – SAMS*
Syrian Expatriate Medical Association – SEMA*
Social Development International – SDI*
Syria Relief-SR*
Violet Organization for Relief and Development*
UOSSM*
Ihsan for Relief and Development – IRD*
Takaful Al Sham Charity Organization*
Shafak*
SKT Organization*
Rahma Relief Foundation*
Orange Organization*
Al Sham Humanitarian Foundation – AHF*
WOMEN SUPPORT ASSOCIATION
Freie Deutsch-Syriche Geselschaft e.V.
Syrian Center for Statistics ad Research e.V.
UOSSM Germany e.V.
Barada Syrienhilfe e.V.
Olivetas e.V.
DOZ e.V.
Freunde des syrischen Volkes e.V.
Human Help Community gUG (HHC)
Independent Doctors Association - IDA
Syriche Gemeinde in Schleswig-Holstein e.V.
Salam Kultur und Sportklub e.V.
Alkawakibi für Demokrati und Menschenrechte Multi Aid Programs - MAPs
Salsabil Charity Organization
General Commission for Follow-up on the Syrian Refugees in Lebanon
Access Center for Human Rights
Alghad Charity Organiation
Hayat Organization
Refugees = Partners
Project Alibda
Foundion For Development -MBL
Jana Watan organization
Humanitarian Restoration Hope
Syrian Bright Future
Youth Tomorrow Charity Association
Ehsas Relif Agancy
Space of Hope**
Kesh Malek**
Emissa**
Local Development and Small Projects Support office (LDSPS)**
Olive Branch**