TANZANIA DEFENDS REFUGEE RETURNS AS VOLUNTARY,

C O N F I D E N T I A L DAR ES SALAAM 001706

SIPDIS

SIPDIS

DEPT FOR AF/E BYODER, AF/RSA MBITTRICK, ALSO AF/C
PRM FOR WHENNING
KAMPALA FOR GFREDERICK;
NAIROBI FOR BLEHMBERG
LONDON AND PARIS FOR AFRICA WATCHERS

E.O. 12958: DECL: 10/13/2016
TAGS: PHUM PREF PREL RW UG BU TZ
SUBJECT: TANZANIA DEFENDS REFUGEE RETURNS AS VOLUNTARY,
LEGAL AND HUMANE; INVOLUNTARY RETURNS ON THE HORIZON

REF: A. STATE 167453


B. KIGALI 0936

C. DAR ES SALAAM 01469

D. STATE 147013

Classified By: Charge d'Affaires D. Purnell Delly for reasons 1.4(b) an
d (d).


1. (C) SUMMARY: Reports of Tanzania's expulsion of illegal
immigrants "abruptly and under harsh conditions" are
misreported and exaggerated, according to John Chiligati,
Minister of Home Affairs. Chiligati described a two-phase
process now ongoing in the Kagera region of northwestern
Tanzania to ensure all immigrants who have not legalized
their stay in Tanzania return to their home country. The
first phase of voluntary returns is near completion; the
second phase will be involuntary returns scheduled to begin
toward the end of October. In the phase two expulsion
exercise, immigration officials will visit villages to
identify undocumented immigrants, informing those immigrants
without residence permits that if they do not have a legal
basis for residing in Tanzania they must return home. The
Government of Tanzania (GOT) has formed a joint committee
with representatives of the Government of Rwanda (GOR)
regarding the expulsion of undocumented immigrants and is in
the process of establishing such a committee with
representatives of the Government of Burundi. Minister
Chiligati insisted that the GOT is complying with all
protocols established by the joint committee and described
lack of a residence permit as cause for expulsion. END
SUMMARY.

Rwanda government involved
--------------

2. (U) Minister Chiligati told PolCouns and EconOff October
13 that the GOT had consulted the GOR and formed a joint
committee to prepare for the expulsion and receipt of
undocumented Rwandan immigrants. Each government appointed
ten members to the committee which oversees implementation of
both phases of the expulsion exercise and can receive
complaints regarding it. Members of the joint committee
reduced the initial estimate of 76,000 Rwandans who would be
subject to this expulsion exercise to 45,000 after visiting
the villages targeted for the exercise. The joint committee
has a village-by-village list of undocumented Rwandan
immigrants and the GOR is prepared to accept all of those
affected. Chiligati confirmed that approximately 6,000
undocumented Rwandan immigrants had returned voluntarily to
date, but commented that "the number could have been as high
as 30,000" if all undocumented immigrants in the areas
covered had agreed to go.

Identification of immigrants
--------------

3. (U) Members of the joint committee went "village by
village" to identify undocumented Rwandans, Chiligati said.
Tanzanians are identified by their local, "ten-cell" leader
as many do not have birth certificates, passports or other
documents proving citizenship. Non-Tanzanians are asked to
produce a residence permit. Chiligati said this expulsion
exercise is timed to "clean house" before the GOT issues
national identity cards in 2007 as such cards will be the
equivalent of proof of citizenship.

Humanitarian treatment is essential
--------------

4. (C) PolCouns emphasized the USG's strong concern for
humanitarian treatment of persons being returned and
reiterated that, despite the GOT's right to expel
undocumented immigrants, the human rights of undocumented
immigrants must be respected. "We don't like to act
inhumanely," Chiligati replied, adding that there had been "a
lot of misreporting and exaggeration" regarding the return of
illegal immigrants. He noted that neighbors are welcome to
enter Tanzania, but the GOT asks that they abide by the
immigration laws and obtain residence permits.


Areas targeted
--------------

5. (SBU) Minister Chiligati confirmed that GOT officials
began the exercise by targeting the border regions of Kagera,
Kigoma and Rukwa as they are known to have the largest number
of illegal immigrants. While officials began the exercise in
Kagera which borders Uganda, Rwanda and Burundi, Chiligati
added that the process would continue into all other regions
of Tanzania over time.

Permit me ...
--------------

6. (C) Minister Chiligati clarified that undocumented
immigrants may legalize their status by applying for a
residence permit and that a decision whether to issue the
permit will be made in one or two days; the permit is valid
for two years and renewable. Tanzanian law sets the
application fee for a residence permit at USD 600, but allows
the Minister of Home Affairs to adjust the fee for those who
cannot afford it. According to Chiligati, for persons unable
to pay USD 600 (the case of the majority of immigrants living
in Tanzania),the GOT adjusted the rate to USD 10. The GOT
has an immigration office in each district; the local
immigration officials know the financial status of applicants
and can levy the lower fee without additional paperwork.

Phasing out
--------------

7. (C) Chiligati said as a matter of policy, the GOT
encouraged undocumented immigrants to legalize their stay by
applying for residence permits, but did not detail the form
of this encouragement. During the first phase, those who had
not legalized their stay were visited by immigration
officials, informed that without a residence permit they were
not allowed to remain in Tanzania, and given the opportunity
to return to Rwanda with their belongings and livestock in an
orderly manner. Undocumented Rwandans remaining in Tanzania
after the voluntary return phase will be taken to a
collection point and given food and transport to the border.
Chiligati expects such transport to occur "almost daily" and
confirmed that those leaving in this involuntary, second
phase would also have the right to take their property.
Chiligati added that the majority of the 6,000 Rwandans who
have returned voluntarily were women and children. This begs
the question of where the men are and leads Chiligati to
anticipate more men than women may be expelled during the
second, involuntary phase.

Return Process
--------------

8. (C) During the voluntary return process, Chiligati stated
the GOT provides transportation, but no food or water since
the departing immigrants have time to collect and travel with
their belongings; however, Chiligati specifically mentioned
food would be provided to those expelled in the second phase.
In response to PolCouns' concern that the lack of food and
water raised humanitarian considerations, Chiligati commented
that "the journey to the border is a short one." Chiligati
confirmed that returning immigrants are allowed to keep their
belongings, including their cattle which are inoculated at
the border pursuant to an agreement of the joint committee in
order to prevent the spread of disease. At the start of
phase one, the GOT used buses to transport the undocumented
Rwandans but the GOT switched to trucks in order to reduce
expenses. Chiligati pointed out that UNHCR uses trucks for
returns and does not receive complaints on this point.

Refugee or immigrant?
--------------

9. (C) In Chiligati's view, any expelled Rwandans who claimed
to be refugees after they had crossed the border into Rwanda
were attempting to "tarnish the reputation of Tanzania."
According to Chiligati, when an undocumented immigrant in
Tanzania claimed to be a refugee, the joint committee was
notified and checked the claimant's status with UNHCR; those

who were refugees were then transferred to UNHCR while those
who were not were transported to the border.

Family separation
--------------

10. (U) In response to EconOff's inquiry regarding the
expulsion of Tanzanian citizens, Chiligati explained that
individuals married to Tanzanians also must apply for a
residence permit; if they do not, they are subject to
expulsion, the same as immigrants who have no Tanzanian
relatives. In order not to split up a family, the family
members who are Tanzanian citizens usually leave the country
with their undocumented relatives. Chiligati clarified
Tanzanian law regarding citizenship of children who have one
Tanzanian parent and one from another country. Since
Tanzania does not allow dual citizenship, such a child would
maintain citizenship of both countries until age 18 when he
or she must choose one.

Burundi next . . .
--------------

11. (U) Minister Chiligati noted that the new Regional
Commissioner in Kigoma and his counterpart in Burundi's
border region are in the process of forming a joint
committee. The formation of this committee is an agenda item
for the November 24 tripartite meeting of the GOT, GOB and
UNHCR. Chiligati emphasized that the "1972 caseload" of
Burundian refugees would not be subject to this expulsion
exercise, whether they lived in the Burundian settlements
(approximately 99% of them) or in the villages with
Tanzanians (the other 1%).

. . .then Uganda and DRC
--------------

12. (C) Chiligati said undocumented immigrants throughout
Tanzania will be subject to this expulsion exercise,
regardless of their country of origin. There will be "equal
treatment" for Burundians, Rwandans, Ugandans and, after the
DRC election, Congolese. Chiligati noted that in one village
alone, officials identified 14,000 Congolese living without
residence permits or other proof of legal status.

COMMENT
--------------

13. (C) While Chiligati said the immigrants have the choice
of legalizing their stay or going home, he did not detail any
specific GOT actions to promote applying for resident
permits, only noting that there had been "a lot of mass
education" about the process. Chiligati mentioned that he
had been questioned about and addressed the same issues about
treatment of the illegal migrants Tanzania is sending home
while attending the UN High Commission for Refugees Executive
Committee meeting in Geneva the week of October 2, including
during a personal meeting with the High Commissioner for
Refugees, Antonio Guterres.


14. (U) NOTE: In a Cabinet shuffle, Sunday October 15,
Minister Chiligati was tapped by President Jakaya Kikwete to
head up the Ministry of Labor, Employment and Youth
Development. The new Minister of Home Affairs is Joseph
Mungai, who moved over from the Ministry of Agriculture and
Development. Post will follow-up as soon as possible with
Minister Mungai and his staff regarding Tanzania's procedures
and treatment of repatriated illegal immigrants.
DELLY