RETURNS OF RWANDAN AND BURUNDI REFUGEES IN THE

C O N F I D E N T I A L STATE 062420 KAMPALA FOR REFCOORD GENEVA FOR RMA USEU FOR FRANCIS E.O. 12958: DECL: 06/15/2019 TAGS: PREF RW BY UG SUBJECT: RETURNS OF RWANDAN AND BURUNDI REFUGEES IN THE GREAT LAKES REF: KIGALI 353 Classified By: PRM/AFR DIRECTOR MCKELVEY FOR REASON 1.4(D) ¶1. (U) This is an action request. Please see Paragraphs 4-6. -------------- ISSUE -------------- ¶2. (C ) Issue: Department is concerned that in the current process of returning and reintegrating Burundi and Rwandan refugees in the Great Lakes, international refugee principles of access to an asylum claim process, non-refoulement (forcible return of a refugee to a place where his/her life or freedom would be threatened),and voluntary return in safety and dignity are being compromised or ignored. While the Department is eager to see durable solutions for both protracted refugee caseloads and while we believe that Burundi and Rwandan refugees no longer have a claim to prima facie refugee status (i.e., a sort of group status without individualized determinations),it is critical that refugees be treated in compliance with international law. The May return of 1,500 Burundi refugees from Rwanda ahead of the agreed-upon date for camp closure and the June 2 forced return of 444 Burundi from Rwanda are cause for concern. ¶3. (C) The safe and voluntary return of refugees is a prolific problem in the Great Lakes Region. In particular, as return and reintegration of DRCongolese refugees proceed where and when security permits, we would not like to see some of these problems repeated. -------------- ACTION REQUESTS -------------- ¶4. (SBU) For Embassy Kigali: Our objectives are to protest the likely forced return of Burundi refugees, to ensure that return of Rwandans in Uganda is on a voluntary basis, and to forestall any move to return DRCongolese refugees before security is restored in their home areas. Post is requested to raise the following points as it demarches GOR officials as outlined in reftel: -- Express gratitude to the GOR on its commitment to hosting refugees, particularly nearly 53,000 DRCongolese camp-based refugees that hail from areas of ongoing instability (mainly the Kivus). -- Express concern that the repatriation of 2,000 Burundi refugees (concluded June 2) was abrupt and an apparent case of refoulement with respect to the final group of 444. While the USG is eager to see durable solutions for this caseload, remind the GOR of its obligations under the 1951 Convention Relating to the Status of Refugees and the OAU 1969 Convention on same. Repatriation must be voluntary. It would have been good for the GOR to work closely with UNHCR to ensure that the return operation was dignified and that refugees not yet willing to return were offered an alternative (perhaps formal local integration or a move to another camp) and individualized refugee status determinations. -- Remind the GOR that the return of Rwandan refugees from Uganda must also be voluntary, safe, and dignified. Express concern that it appears from UNHCR reporting that the GOR is not currently prepared to provide adequate reintegration support in the form of land and social services. There is great risk in repatriating refugees without sufficient capacity to absorb them. We hope that the GOR will exercise caution and patience as it moves forward with this operation. We will also be discussing this situation with the Government of Uganda, stressing that any refugees who do not desire to repatriate are to be afforded a hearing of their continuing asylum claim. ¶5. (SBU) For Embassy Dar: Our objectives are to prevent any intimidation and forcible return of the Mtabila refugees and to support alternative temporary arrangements for new caseload Burundi refugees who remain after the official closure of Mtabila Camp on June 30. Post is requested to raise the following points: -- Express gratitude to the GOT on its commitment to hosting refugees for decades, and particularly its recent decision to give old caseload Burundi refugees another chance to avail themselves of Tanzanian citizenship and permanent residence. -- Urge patience and a humane approach to the upcoming official closure of Mtabila, finding another temporary location/solution for the remaining new caseload Burundi while further solutions are elaborated. -- Review candidly the concerns being raised by some humanitarians, noting that we do not find camp closure to be illegal as some are charging, noting that we believe most Burundians by and large would not have a good claim to continued refugee status, and noting that we believe everyone,s best interests would be served by ensuring that there is an asylum claim process in place and avoiding any use of force that would tarnish Tanzania,s image. ¶6. (SBU) For Embassy Bujumbura: Given our objectives as above, we would like to see the GOB engage more assertively with its neighbors on voluntary return of its nationals in safety and dignity. Post is requested to raise the following points: -- Express sympathy for the enormous challenge that Burundi has in reintegrating so many refugees and internally displacedpeople. -- Urge the GOB to engage more affirmatively with the GOT on a humane closure of the Mtabila Camp, recommending that, given the postponement of the next tripartite meeting from this month to September, the GOB reach out urgently to its Tanzanian counterparts. -------------- BACKGROUND -------------- ¶7. (SBU) Rwanda is both a refugee hosting and producing country. Until a few weeks ago there were just over 55,000 refugees in Rwanda including 52,500 DRCongolese and 2,600 Burundi refugees. The Congolese refugees reside primarily in three camps, Kiziba, Gihembe and Nyabiheke and the Burundi were mainly in Kigeme Camp in the southwest. There are about 1,800 urban refugees including from Congo, Burundi, and other countries in the region. In recent years Rwanda has generally been a good host to refugees, but the Government of Rwanda (GOR) has a mixed track record, having periodically threatened or acted to send refugees home against their will and having pressured neighboring countries to forcibly return Rwandan refugees (in some cases even sending vehicles and soldiers to effect the returns). ¶8. (C) As outlined in reftel, in recent weeks, the GOR has used some strong persuasion, bordering on intimidation, and finally outright force at gunpoint to empty the Kigeme Camp of its final 444 inhabitants. Between May 18 and 28 four convoys with a total of 1,513 Burundi refugees returned from Rwanda including 212 who are unable to reclaim their land as of yet. The final group of 444 were forcibly returned from Kigeme June 2 without involvement of either UNHCR/Burundi or UNHCR/Rwanda. ¶9. (SBU) There are an estimated 65,000 Rwandan refugees still in neighboring countries with the largest caseloads in Uganda and the DRC (20,000 each) followed by the Republic of Congo (some 7,000) and Malawi and Zambia (about 4,000 in each). In Uganda, the Rwandan refugees receive protection from the GOU and UNHCR but are essentially self-reliant by farming and participating in the local economy. The GOR and the Government of Uganda have agreed to repatriate an estimated 20,000 Rwandan refugees from settlements in southwestern Uganda despite refugees, stated fear of returning. (Comment. Those who may fear returning because of crimes they committed during the genocide would not be entitled to refugee status, but reaching a judgment on their guilt or innocence is not easy.) While UNHCR was part of tripartite discussions on the Uganda-Rwanda operation, its concerns were all but ignored. The voluntary nature of this operation is questionable -- UNHCR in Uganda reports that refugees are leaving the settlements in some cases to avoid being returned -- as is the GOR,s capacity to absorb the returnees in a manner that is dignified and durable. ¶10. (SBU) Burundi is also both a refugee hosting and producing country. Some 28,000 DRCongolese and 300 Rwandan refugees are found in four camps and in big towns. Some 500,000 Burundi refugees have returned since 2002 when enough peace and political settlement allowed the most recent organized returns to begin. There remain over 225,000 Burundi refugees (primarily old caseload from the 1972 era massacres) primarily in Tanzania where some 165,000 are slated to become citizens and remain permanently. The last camp for newer (1993 on) Burundi refugees -- Mtabila -- is slated to be closed June 30 according to Government of Tanzania (GOT) plans which were accepted in the context of the December 2008 tripartite meeting among the GOT, Government of Burundi (GOB),and UNHCR. UNHCR anticipates that at least 10,000 Mtabila Camp refugees will not have elected to go home and will need to be accommodated -- temporarily -- in another camp in western Tanzania. UNHCR also anticipates that the GOT will ultimately agree to the continued presence of new caseload Burundi refugees. A number of humanitarians, however, fear that the GOT will use force to push all of the refugees to return, citing refugee reports that GOT military have threatened to send them home at gunpoint. Despite its overall exemplary record as a refugee host, the GOT brutally expelled some Burundi refugees in the 1980s and pushed Rwandan refugees out after the 1994 genocide was finished there, which heightens advocates, fear that the present situation could turn ugly at the end of the month. UNHCR/Tanzania has said that it would welcome our reinforcing the message that returns should be voluntary and in safety and dignity. ¶11. (C) A common theme here is Government of Burundi weakness, in the face of its more forceful neighbors, to advocate effectively for the most humane treatment for its nationals. While the densely-populated Burundi was once the third largest source of refugees in the world and is struggling with the reintegration of so many returning refugees -- already "peace villages" are being set up for those who cannot get access to any land -- the GOB does not want to send a signal that exiles are not welcome to return, or that the country is not at peace and ready for international investment that will help it develop. Moreover, Burundi does not hold many cards in dealing with its more forceful neighbors. It would be useful nevertheless for the GOB to add its voice to the appeals to the GOT for humane, orderly, and even gradual returns. ¶12. (SBU) The GOR is eager to see UNHCR invoke the cessation clause (of the Geneva and OAU Conventions) by which Rwandan refugees would no longer have prima facie status. The Department would support invocation of the clause for Rwandans (and also for Burundi) and has encouraged UNHCR to do so, stressing that even with cessation, the right to individual refugee status determinations is to be maintained. Of course no condition permits violation of refugees, basic human rights. CLINTON