Poland: UNHCR Position on Voluntary Returns to Ukraine (June 2023)

Introduction

1. Since the escalation of the international armed conflict in February 2022, millions have been displaced both outside and within Ukraine. It is well established that situations of armed conflict can give rise to refugee claims;1 UNHCR accordingly considers that the vast majority of persons displaced from Ukraine are likely to be in need of international protection. The implementation of Temporary Protection in the European Union and similar legal schemes elsewhere has enabled millions of refugees from Ukraine to access protection and rights in host countries in record time.

2. UNHCR’s overall assessment of the context in Ukraine is one of prevailing war, uncertainty, insecurity and a high level of continuing humanitarian needs among the millions of internally displaced persons (IDPs) and people living in areas directly impacted by the ongoing war. It is estimated by the 2023 Humanitarian Response Plan that some 17.6 million persons, particularly in the eastern part of the country, are in need of humanitarian assistance.

3. For the vast majority of Ukrainians, returning home remains a deeply held wish. The most recent intentions survey conducted by UNHCR highlights that 76 per cent of refugees from Ukraine want to return home one day; however, only 14 per cent of them plan to do so in the coming months. Safety and security concerns in areas of origin are the main impediments to return at the current time, cited by 90 per cent of respondents to UNHCR’s survey. Access to and availability of basic services—including electricity, water and healthcare, work opportunities and adequate housing—were also cited as key concerns by 90 per cent of respondents, all of which have been hugely impacted by the war.

4. In March 2022, UNHCR published a Position on Returns to Ukraine, calling on States not to forcibly return nationals and former habitual residents of Ukraine, including those who have had their asylum claims rejected. In view of the ongoing international armed conflict in the country,
   UNHCR reiterates that this Position remains valid. UNHCR continues to call on all actors to respond to the needs of the displaced and ensure their safety and protection until they can return home, voluntarily and in safety and dignity, or other durable solutions have been found.

5. UNHCR considers voluntary return of refugees and forced return as processes of fundamentally different characters, engaging different responsibilities on the parts of the various actors involved. The present position recalls the nature of voluntary return as a fundamental right and articulates its implications in the specific context of return to Ukraine with the necessary safeguards to be considered. This position does not reflect UNHCR’s views on the return of children without parental care, for whom additional considerations apply.