OPINION: Refugees’ repatriation must conform to international standards
It is now evident that the government of Tanzania, in collaboration with its Burundian authorities, seems determined to expatriate the Burundian refugees.
However, this has raised concerns that the lack of consent to return by some refugees themselves could amount to violation of regional and international treaties.
Latest reports indicate that based on the August 24 bilateral agreement between Tanzania’s Minister for Home Affairs Mr Kangi Lugola and Burundi’s Minister of Interior Mr Pascal Barandagiye the new planned expatriation process began in the second week of September and is expected to be completed by December 31, 2019.
These returnees, the media report, would continue “with or without refugees’ consent.”
According to available figures, Tanzania presently hosts about 400,000 refugees from Burundi and other central African countries. The current repatriation process will reach about 200,000 Burundian refugees in Tanzania, distributed among the Nduta, Mtendeli and Nyarugusu camps.
Although it is yet to confirm or deny this alleged forceful repatriation plan, as a human rights activist I feel compelled to point out the government’s commitments to international and national standards related to the refugees’ voluntary repatriation.
It is also important that Tanzania honours the Tripartite Commission between itself, Burundi and the UN Refugee Agency UNHCR. In their joint August 2017-communique, the commission agreed to implement a work plan from September 7 to December 31, 2017, entailing the voluntary repatriation plan of Burundian refugees who wished to return to Burundi.
The Tripartite Commission acknowledges that while some refugees may opt to return, others may still have well-founded reasons for not returning and will continue to require international protection. Since September 2017, reports indicated UNHCR to have assisted both the governments of Tanzania and Burundi in the voluntary return of more than 74,000 refugees.
To make sure that the repatriation exercise is in line with international and national standards, I would suggest that the government consider all the issues related to refugee’s voluntary repatriation, including UNHCR’s mandate in this respect; fundamental operational principles (including voluntariness, safety and dignity); and the responsibilities and participation of governments, intergovernmental organisations and NGOs in a voluntary repatriation operation.
The process of returning refugees home has also to be done only when there is no more persecutions and civil conflicts in the country of origin.
According to the UNHCR, the political situation in Burundi remains unresolved, and it does not promote even the voluntary repatriation of the Burundian refugees leave alone the forceful return!
I would like to advise the government to bear in mind, among other things, all these issues during the planned repatriation to make the entire process in line with various regional and international laws governing issues of the refugees.
It is very important too that Tanzania ensures that the rule of law prevails in the exercise by especially paying maximum attention to its laws. Section 34(1) of the Refugee Act of 1998, for example, reads:
“An asylum seeker or refugee shall have right at any time to return voluntarily to the country of his nationality or from which he entered Tanzania and any action or omission intended to prevent or restrict or which has the effect of preventing or restricting any asylum seeker or a refugee from voluntary repatriation except in the due process of the law is hereby prohibited.”
It’s in the best interest of human rights that Tanzania will honour this provision.
Mr Onesmo Olengurumwa is Tanzania Human Rights Defenders Coalition’s (THRDC) National Coordinator. He can be reached through [email protected] or on Twitter at @OlengurumwaO
