World Refugee Day Celebrations in Africa—Civil Society Initiatives
Refugee Rights News
June 2009
The UN General Assembly has named 20 June World Refugee Day. In solidarity with the former
Organisation of African Unity (OAU) (whose mandate has now been taken up by the African Union), World
Refugee Day coincides with Africa Refugee Day. The goal of the day is to raise awareness and
understanding of the needs of refugees and internally displaced persons, as well as to reflect and take
stock of the situation, plight, and troubles facing refugees, and peaceful prospects for their futures.
This year, the new High Commissioner for Refugees António Guterres spoke of the need to recognize refugees as "real people, with real needs." He observed World Refugee Day in northern Uganda, and accompanied refugees returning to South Sudan. Remarks made by High Commissioner Guterres focused upon the economic crisis and global uncertainty, and the imperative of ensuring that aid budgets and policy guarantee that IDPs and refugees are not forgotten about. Guterres commented that “of the millions of people forcibly displaced by conflict, persecution and natural disasters, everyone has a story to tell; they are real people, just like you and me, and they have real needs. But, despite the best efforts of UNHCR and many others, many of these basic needs are far from being met.”
Celebrations and Initiatives in Africa
NGOs around the world highlighted many of the issues listed above, as well as local needs and entry points
for instilling reaffirming rights by promoting local capacities, and alleviating the suffering of refugee
populations. Many NGOs launched initiatives and advocacy illuminating the refugee experience and
encouraging more comprehensive programming to find concrete and durable ways of addressing the
myriad of challenges.
A workshop in celebration of World Refugee Day in Goma, DRC, was coordinated by Reseau d’Action de
Citoyennes pour la Democratie (RACID), and other local organisations. The day focused on the alignment
of the principles of humanitarian action and human rights, as well as the need for coordination between
local actors and UNHCR in matters of capacity and access. The workshop provided an opportunity for
NGOs to express solidarity with the displaced, particularly in the areas of Lubero and Walikale, two of the
territories with the most pressing needs in North Kivu. Dialogue with the participants of the workshop
indicated that some, in the words of one participant, had “more fears than hopes for success”; however,
others remained optimistic in their hopes that well-organized and voluntary refugee returns in the Kivus
would take place in conditions that were beneficial to both refugees and host communities. The prospect of
reintegration and returns facilitates that programming in the eastern DRC must address safe and viable
security conditions for return, or else Congolese communities run the risk of further displacement.
Another theme discussed was that of assistance given to refugees by UNHCR and NGOs, and the need to ensure that assistance was not abruptly ended on return. Lack of access to rights and livelihoods could be an obstacle to successful reintegration. In this regard, it would be important to prevent future conflict by bolstering durable legal structures around land rights and restitution of property.
Focus on Senegal
Many of the themes and issues discussed in the North Kivu workshop resonated with discussions of access to refugee status, documentation, and livelihoods which occurred across the continent on the same day in Senegal.
On the occasion of World Refugee Day, Djibril Balde, a Senegalese Human Rights activist who works with WARIPNET, the West African Refugees and Internally Displaced Persons Network, and who is the West Africa focal point for the Darfur Consortium, planned and contributed to national radio programs in Senegal to discuss the precarious situation that refugees and asylum seekers face.
It was an opportunity to highlight major obstacles to the full realization of refugee rights in Senegal including
the lack of political will and accountability by relevant actors, including the National Eligibility Commission
(CNE), which determines refugee status in Senegal. During 2008, 255 asylum seekers filed requests for
refugee status. Of this number, only three were recognized as refugees. In 2009, there were a reported
35,900 UN or documented refugee and asylum seekers in Senegal (most of whom had benefited from
group recognition and never passed through the individual status determination process), not including
IDPs from Senegal’s Casamance region. Refugees in Senegal come from all over Africa and from great
distances, namely Mauritania, the Democratic Republic of the Congo, Chad, Liberia, Sierra Leone, Guinea-
Bissau, the Gambia, Rwanda, and Sudan.
UNHCR is an observer to the CNE’s proceedings, which are closed to NGOs. On occasions, the CNE has
rejected applicants whom the UNHCR deemed worthy and deserving of protection under the 1951 Refugee
Convention. The CNE is governed by Decree No. 78-484, of 5 June 1978, which created the CNE and
codified aspects of international law and established legal norms for the treatment of refugees in Senegal.
The 2001 Constitution of Senegal states that international agreements, once ratified and published,
supersede national law into Senegalese law, which should in principle make the 1951 Convention
enforceable at the national level. In practice, the CNE continues to adhere to guidelines that are outdated
and sometimes inconsistent with international standards.
Legal Contradictions between Decree No. 78-484 and International Law
Although Senegal is party to the 1969 OAU Convention and the 1951 UN Refugee Convention, the CNE
does not seem to apply these instruments in practice. For example, documentation is often unavailable to
refugees, including refugee ID cards, and visas and travel documents.
The Decree governing the CNE states that asylum seekers whose applications were rejected must be told why they did not qualify for refugee status. In practice, the CNE chooses to only tell the asylum seekers whose status was accepted why their applications were successful, while simply informing those who were denied by mail that they have not qualified for refugee status under Article 10, which defines a refugee. Without an understanding of why they were denied, it becomes difficult for asylum seekers to effectively appeal. WARIPNET is appealing to lawyers in Senegal to help provide legal aid to refugees and promote legislative change. It argues that the archaic texts of No. 78-484 must be reviewed. In addition, national laws and policies relating to the protection of IDPs need to be assessed and amended.
Lack of Accessibility to Documentation and Livelihood
Once refugee status is received the CNE is responsible for providing refugee ID cards and other
documentation critical to maintaining livelihoods and accessing services to which refugees are entitled by
law. Beginning in 2000, the CNE ceased to produce refugee identity cards. Those that already had IDs
were forced to travel to Dakar on their own expense to renew their IDs. The result of this new practice is
that even recognised refugees cannot access work permits, bank accounts, and driver’s licenses. Both
asylum seekers and recognized refugees are constantly in danger of being harassed by local and national
authorities, or worse, arrested or deported. Even those that are lucky enough to have refugee ID cards
often find themselves in a difficult situation; ID cards are so few and far in between that the validity of
government issued ID is often questioned, thus refugees with IDs can be subject to some of the same risks
as those without documentation.
International refugee law affirms refugees' right to work, with the 1951 Refugee Convention guaranteeing refugees equal rights to nationals in regards to conditions of work. However, because refugee cards are not available, a majority of refugees cannot work legally, even if they are legally recognized.
Further Challenges to the Securing Rights
World Refugee Day presents a sad truth; as much as it is a celebration in solidarity with the struggles of millions around the world, it also recalls the challenges and serves as a reminder of the huge amount that must be done to make refugee rights a reality. While the day provides an opportunity to take stock of the realities facing refugees and IDPs; advocates and those working within refugee rights issues should not forget these struggles all year long.