DRC’s recommendations for a good and dignified return process
Based on DRC’s experience with counselling of rejected asylum seekers, we have identified the following best practices which can support a good and dignified return process:
Rejected asylum seekers should have access to impartial and non-directive return counselling
Counselling about return is best done in a safe atmosphere by well-trained non-governmental counsellors. Return counselling is not just information-giving and guidance about the actual return procedure. Good counselling aims to enable the rejected asylum seekers to engage in conversations with the return counsellors where worries and questions can be shared freely. Often this process is necessary before the rejected asylum seekers may be open to discuss a potential return. Return counsellors must thus be impartial in their counselling, have extensive knowledge of the asylum procedure and practices, and be skilled at building trust and engage in empathetic communication with people in vulnerable situations.
Rejected asylum seekers must be offered sufficient time to be able to relate to their (new) situation in a return procedure and consider their choices
Rejected asylum seekers must be offered sufficient time to be able to relate to their (new) situation in a return procedure and consider their choices. Many may have held onto to the hope of building a new life for a long time, making it a complex process to adjust and make informed decisions about their future. Speedy procedures and threats of sanctions rarely provide clarity or lead to sustainable solutions. Instead, it often takes time to build trust in the process, make informed decisions, and prepare for the future. Time is thus often crucial to navigate the return process with dignity.
Rejected asylum seekers should be offered access to legal counselling
Rejected asylum seekers should have access to high quality legal counselling throughout the asylum procedure and after a final rejection. If rejected asylum seekers wish to explore the possibilities to complain about the decision, ask for a review of the case or seek other pathways for legal stay, they should have access to impartial legal counselling to address these questions. It may be difficult for rejected asylum seekers to understand and accept the new situation after a rejection to the asylum claim. Some rejected asylum seekers may feel frustrated, confused and uncertain about their future, and for some it can be challenging to come to terms with the legal process, they have been trough. Access to impartial legal counselling can be an important step towards making informed decisions about the future.
Rejected asylum seekers must be offered dignified and adequate reception conditions and be treated with respect
The use of sanctions and detention to “motivate” return must be avoided, as it undermines human dignity. It is also ineffective as a motivational tool. Instead, rejected asylum seekers should be offered dignified and adequate reception conditions to safeguard their mental and physical health. Additionally, they should receive adequate support to enhance empowerment and maintain their skills and sense of agency.
Rejected asylum seekers should be offered meaningful and qualified reintegration support
Access to meaningful and sufficient support to ensure sustainable reintegration should be a part of the return process and available for all persons who return. As a reintegration process begins prior to departure, it is important to have access to pre-departure counseling, receive guidance on reintegration activities, and have opportunities for skill development. Sustainable reintegration involves more than economic self-sufficiency; it is shaped by returnees' experiences throughout the entire migration cycle and influenced by both individual, social, and contextual factors. Support should thus be holistic, tailored to individual needs, addressing economic, social, and psychosocial elements.
