Former Rwandan Refugees in Zambia refuse to get Rwandan passports
Under Article 1(A)(2) the term “refugee” shall apply to any person who:
« owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.”
International legal protection of refugees centres on a person meeting the criteria for refugee status as laid down in the 1951 Refugee Convention.
Using the 1951 Geneva Refugee Convention as its major tool, UNHCR’s core mandate is to ensure the international protection of Refugees and Asylum-seekers worldwide. It promotes the basic human rights of refugees and that they will not be returned involuntarily to a country where they face persecution. It helps them to repatriate to their homeland when conditions permit, integrate into states of asylum or resettle in third countries. UNHCR promotes international refugee agreements, helps states establish asylum structures and acts as an international watchdog over refugee issues.
Since the 30th June 2013, Former Rwandan Refugees in Zambia have been staying in Zambia without any definite status.
It is as though they are still living in Zambia at the mercy of the authorities.
The Tripartite Agreement of 2003 between the Governments of Zambia, Rwanda and the United Nations High Commission for Refugees (UNHCR) made initiated by the Rwandan Government claimed that the RPF Government has made essential and enduring changes towards peace and stability thereby making the Rwandan Refugee Status under the 1951 Geneva and 1969 OAU Conventions no longer necessary.
The majority of Rwandan Former Refugees were told that they should return home because their fears of persecution were no longer credible.
But does ABSENCE OF WAR MEAN PEACE?
In the first week of October 2013, a Zambian Government delegation visited the UNHCR Office in Geneva where they met representatives of some donor countries who offered substantial assistance with the integration of 4000 Rwandan Former Refugees.
The Rwandan Former Refugees have demanded that the Rwandan Passport be not a proviso before one qualifies for Zambian immigration permits due to the political volatility in Rwanda which makes it very difficult for the aforementionned to be under the umbrella of a Government they cannot trust.
The Former Rwandan Refugees deny that such changes as claimed by the Rwandan Government have taken place and regard the Tripartite Agreement as a strategy of the Rwandan Government to bring them back to Rwanda to be under control because they are considered as potential opponents of the Rwandan State.
Since the signing of the Agreement in 2003,only 300-350 out of more than 6000 Former Rwandan Refugees in Zambia have returned home to Rwanda voluntarily through the auspices of the UNHCR.
From a legal perspective,the decision reached by the UNHCR in December 2011 that refugees leaving Rwanda after 1998 till the present be granted legal protection and Refugee status should they meet the criteria signifies that Rwanda is still a refugee producing country and not yet safe for anyone who fled prior to 1998.
Despite broad Former Rwandan Refugees opposition to what in effect is compulsory repatriation,the Zambian High Commissioners for Refugees’ Office has decided to facilitate the Rwandan Government’s wish that all Rwandan exiles should return home.
Until very recently,they have made it impossible for local integration or resettlement as alternative and durable solutions.
The 05/02/2016 was set as the final date under which all Former Rwandan Refugees living in Zambia had to acquire a Rwandan Passport for the purpose of local integration or face deportation.
There is no smoke without fire and vice-versa.
Below are some crucial facts why Former Rwandan Refugees would rather die than return to Rwanda.
In 1996, the UHCR told the world that they could not find the whereabouts of well over 600,000 Hutu refugees in DR Congo.
This was after the Rwandan Government had just invaded DR Congo.
Hutu Refugees died like common dogs and those who survived managed to find refuge in countries like Zambia.
They faced the wrath of the RPF both in Rwanda and in exile and requiring them to go back home will mean signing their death warrants.
The same goes for acquiring a Rwandan Passport.
Spanish investigative judge Andreu Merelles indicted General Karake in 2008 for alleged war crimes, along with 39 other current or former high-ranking Rwandan military officials.
Paul Kagame is likely to evade the juridiction of the Spanish Court due to his shield of ‘presidential immunity’ which he has maintained by his recent unconstitutional change of the 2003 Rwandan Constitution which made him President for Life.
Last year, General Karenzi Karake(popularly known to be the Second in Command in the Rwandan political arena) was detained at London’s Heathrow Airport on Saturday, in response to a European Arrest Warrant.
General Karake was accused by Spain of ordering massacres in the wake of the 1994 Alleged Genocide against the Tutsi.
All accusations General Karake was facing include:
(I).Accused of ordering massacres of innocent Hutu civilians in Rwanda and DR Congo from 1994-96 whist he was head of Rwandan military intelligence,
(II).Wanted for genocide, crimes against humanity and terrorism,
(III).Accused of ordering the killing of Spanish aid workers in 1997,
(IV)Accused of partly overseeing the Kibeho Massacre where about 8,000 internally displaced persons(Hutu) were massacred in broad daylight near Kibeho, in south-west Rwanda on April 22, 1995.
Long before 1994, the current ruling party in Rwanda ravaged the northern part of Rwanda, killing thousands of Hutus on its way, and forced over a million people into internally displaced camps to die of diseases, hunger, and miserable conditions that were prevalent in those types of places.
Why should Former Rwandan Refugees return to be governed by a regime that glorifies killers?
Every Rwandan citizen was asked to contribute some form of money to pay for his bail which was over a MILLION BRITISH POUNDS.
Doesn’t the above amount to kleptocracy?
The Arrests of Peter Erlinder (A Prominent American International Lawyer),Victoire Umuhoza Ingabire (A Lawyer and 2010 Presidential Aspiring Candidate) and Kizito(A famous orphan musician whose songs included reconciliatory messages) because of having a different political opinion and demanding that the Government recognises the deaths of the ‘Hutu’ who also perished in the 1994 clearly confirms that Rwanda still has a long way to go where democracy and reconciliation are concerned.
Hence,the ‘justified fear’ still instilled in former Rwandan Refugees in Zambia to return to Rwanda.
After living in the Zambian climate where these Former Rwandan Refugees are allowed to freely express themselves, going back to a totalitarian/repressive State is tantamount to sending them to hell.
Their inalienable freedom of expression cannot be guaranteed in Rwanda.
Moreover,the Rwandan Government has revoked the passports of her critics whenever they so deemed fit without adhering to due process(see the cases of Dr. David Himbara and that of RNC Leaders).
It is our prayer that the Zambian Government will consider all the forestated factors before coming up with a final decision for those who declared the ANC to be a terrorist organisation ended on the wrong side of history.
We are well aware that Zambia as a Democratic State will also find durable solutions that are reflective of their legal spirit that calls for the rule of law to be upheld at all times.
Our concerns as propounded above are buttressed by verified facts and could not said to be vexatious.
We all want to go back home but what kind of home are we talking about here?
Lionel Nishimwe
President of New Hope for Rwanda
SOURCES
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1.Hathaway J.C., The Rights of Refugees under International Law, Cambridge University Press, Cambridge, 2005.
2.The 1951 United Nations Convention Relating to the Status of Refugees.
3.The 1967 Protocol Relating to the Status of Refugees.
4.UNHCR Refugee protection (2001) : A Guide to International Refugee Law.