Refugees or Illegal Immigrants? Rwandan Asylum Seekers in Burundi

Refugee Rights News
Volume 3, Issue 1
February 2006

In June 2005, the Rwandan and Burundian governments met and reached an agreement which had the effect of declaring that all citizens of Rwanda should be given refugee protection .and resulted in the forcible repatriation of approximately 5,000 asylum seekers. (See Rwanda, Burundi Refugee Deportation Causes Uproar, in Refugee Rights News, July 2005). Despite this agreement, over 20,000 Rwandans in the northern Burundian provinces of Ngozi, Kirundo, Kayanza and Muyinga are still desperately hoping to be accepted as refugees in Burundi, whether newly arrived, or returned freshly from Rwanda.

Some of these individuals were able to evade the forced repatriation, either by hiding within Burundian communities, or by bribing officials to avoid deportation. The majority were, however originally repatriated and crossed back again to Burundi since June seeking safety.  

Uncertain Refuge

The asylum seekers are now caught in another web of confusion and uncertainty marked by accusations and counter-accusations from the Rwanda government and the asylum seekers. Rwanda suggests that those who have fled have done so in response to exaggerated rumors of potential persecution or, worse, to shield themselves from prosecution for their own roles in the 1994 genocide. On the other hand, many of the asylum seekers see the government’s gacaca trials, which started formally functioning in March 2005, as little more than a witch hunt aimed at persecuting innocent Hutus.

This tension between a country of origin and her citizens, is an example of the need for a clear and principled independent arbitrator which focuses on the protection of vulnerable populations when it comes to return.

When the Rwandans arrived in Burundi some for the first time, the legacy of the June agreement was unclear. Would these new arrivals be automatically considered “illegal immigrants” and returned? Or would they be considered as new asylum seekers, untainted by the June accord. The uncertainly was a particular source of tension for asylum seekers when the Rwandan and Burundian governments met again on October 17, 2005. Was a second forcible repatriation in the works? Ultimately the meeting did not brand the new asylum seekers “illegal,” but it recognized a need to “sensitize” the refugees to return.

While the pressure from the Rwandan side to return the refugees continues, the response from the Burundian government appears to be now more principled than it was last June.  

While their fate was being discussed, Rwandan asylum seekers relied on the generosity of their Burundian neighbors; many found accommodation with Burundian families. These families not only strained their own economic resources hosting the refugees: they also risked their own security in protecting the Rwandans.

Other Rwandans made their own makeshift camps. Temporary homes constructed with branches and leaves provided little protection from the elements. Food distributions were carried out by the World Food Program, but these were erratic, and the asylum seekers were often left without food for weeks at a time. Security was an additional concern for the newly arrived asylum seekers. The refugees are located less than 50 kilometers from the Rwandan border, sparking fears of cross-border actions by Rwandan authorities and rumors of espionage. 

What Future?

The situation of Rwandan asylum seekers in Burundi seems to be slowly stabilizing. The Burundian government has declared the population to be asylum seekers and has set up a refugee screening process in collaboration with UNHCR. The process had processed about 500 individuals by January 24. This is a welcome development as it affords asylum seekers the opportunity to present their cases for refugee status fully and holds out the promise of a legalized status to those who are successful. Security concerns have been addressed by ensuring that Burundian police are deployed to all areas which host refugees.

The efforts of the Burundian government and ordinary Burundians in extending a cautious welcome to Rwandan asylum seekers are to be applauded. But the continuing tension is another example of the need to develop stable systems for refugee status determination. Clear and credible information about the current situation in Rwanda must be made available, particularly as it relates to the reasons for the ongoing flight of Rwandans. Otherwise decisions will rely solely on speculation. There must also be the creation of a political space for fair status determination procedures to operate and a rights-respecting approach to assistance. Every effort must be made to ensure that adequate security and assistance are provided to all asylum seekers while their claims are considered. Once determinations are made, refugees must be able to establish themselves with dignity, either as refugees in Burundi or as returnees in Rwanda. The ongoing flight of Rwandans to Burundi is also an indication of the need for sustained monitoring and attention to the human rights situation in Rwanda overall.