A Critique of the Law Relating to Refugee Rights in Burundi: A Case of Kavumu Refugee Camp

ABSTRACT This thesis establishes a critique of the law relating to refugee rights in Burundi in particular reference to refugees in Kavumu Camp in Burundi. This is geared to the fact that violations and abuses of refugee rights have become greater issues globally as most of the world’s refugees wait for durable solutions foi their predicament. While most refugees have been granted provisional or temporary asylum in neighbouring countries, they are not able to regularize their status or integrity. Their rights to move and work are often highly restricted, and educational and recreational opportunities are often non-existent or severely lacking. Ineffective information about the rights of refugees in this camp renders their protection and freedom in jeopardy. Since there has been scanty information regarding refugee rights violati~i in Burundi in particular reference to Congolese refugees in Kavumu Refugee Camp, there was still a need to clearly expose the abuses of refugee rights that resulted from the internal armed conflict such that past mistakes are not repeated in future and refugees can continue enjoying their rights at all costs. In order to attain the research, the following research objectives were formulated: to analyze existing international instruments related to refugee rights to which Burundi is signatory; to identify the rights of refugees being violated in Kavumu Refugee Camp, Burundi; and to discuss government and international community’s response towards violation of refugee rights in Kavumu Refugee Camp in line with refugee laws. This study will be significant to the current government of Burundi; stakeholders that advocates against human rights violations such as Human Rights Watch and other United Nations Bodies; Amnesty International, International development agencies and refugee population as it can prompt reforms and rethinking in the refugee problems and durable solutions to their problems as regards to their rights and dignity.This study discovered that there exist some gaps in the implementation of existing refugee laws. Such as the Geneva Convention, 1951 Refugee Convention, the Universal Declaration of Human Rights, Convention Relating to the Status of Refugees Regional solidarity on Convention Governing the Specific Aspects of Refugees in Africa and Constitution of the Republic of Burundi, cases of systematic arbitrary arrest, detention, torture, trumped-up charges, enforced disappearances have been set up against Congolese refugees in Burundi such that they can be forced to return to their country of origin. Regarding the position of refugee laws related to the welfare and security of refugees, this study concludes that because the Geneva Convention; the Universal Declaration of Human Rights; the OAU Convention~s and finally, the Constitution of the Republic of Burundi, Congolese refugees in Burundi faLe a lot of challenges related to their security and welfare such as attack, either by local security forces or by crossborder incursions from the country of origin; pressure to return to their country of origin; detains some asylum seekers upon arrival, imprisonment and torture and forced eviction; unacceptable living conditions that form part of everyday challenges. These living conditions includes a lack of proper shelter, food and drinking water, severe malnutrition of children, poor sanitation, lack of education and health facilities, severe overcrowding and socio-economic exclusion. Regarding the position of refugee laws towards the integration of refugees and asylum in Burundi, this study concludes that the government of Burundi and international communities have failed to observe the purpose and principles of the 1951 Convention relating to the Status of Refugees, the 1969 OAU Convention Governing the Specific Aspects of Refugees in Africa; Regional solidarity on OAU Convention; and its constitution. As a result of this, refugees and asylum-seekers are treated as temporary residents. Lastly, this study concludes that Burundi has not also fully adhered to the 1951 Refugee Convention; the OAU Convention; and the constitution of the Republic of Burundi.As a result of this, cases of systematic arbitrary arrest, detention, torture, trumped-up charges, to enforced disappearances have been set up against Congolese refugees in Burundi such that they can be forced to return to their country of origin. This study recommends that Modification and amendments to provisions of Refugee Act and employment Acts should be enhanced; there is need to have close and continuous collaboration among Burundi, OAU and UNHCR; refugees must be consulted in the processes leading to the cessation clause; and every refugee camp should be provided with competent lawyers.

TABLE OF CONTENTS

DECLARATION A

DECLARATION B ii

LIST OF STATUTES AND INSTRUMENTS

LIST OF CASES iv

ACKNOWLEDGEMENT v

LIST OF ABBREVIATIONS AND ACRONYMS vi

TABLE OF CONTENTS vii

ABSTRACT x

CHAPTER ONE 1

GENERAL BACKGROUND 1

1.0 General Introduction 1

1.1 Background of the Study 1

1.2 Statement of the Problem 4

1.3 Research Objectives 5

1.4 Research Questions 5

1.6 Rationale of the Study 6

1.7 Research Methodology 7

1.7.1 Research Design 7

1.7.2 Research Population 7

1.7.3 Sample Size 8

1.7.4 Sampling Procedures 8

1.7.5 Research Instruments 8

1.7.6 Validity and Reliability 9

1.7.7 Data Gathering Procedures 9

1.7.8 Data Analysis 10

1.7.9 Ethical Considerations 10

1.7.10 Limitations of the Study 10

1.8 Review of Literature 11

1.8.4The Protection of Medical Goods and Objects 15

1.8.5 Special Protection of Women 16

1.8.6 Special Protection of Children 17

v~ I

1.8.7 Refugees and Displaced Persons in International Humanitarian L aw 18

1.10 Research Structure 25

CHAPTER TWO 27

ANALYSIS OF INSTRUMENTS RELATED TOREFUGEE RIGHTS 27

2.0 Introduction 27

2.1 United Nations Universal Declaration of Human Rights 1948 27

2.2 The Geneva Convention relative to the Protection of Civilian Persons in Time of War, (1949) 29

2.3 Protocols Relating to the Status of Refugees (1951) 31

2.4 The Treaty on Asylum and Political Refuge (1939) 32

2.4.0 The 1969 OAU Refugee Convention Governing the Specific Aspects of Refugee Problems in Africa

33

2.4.lThe OAU Convention’s Provisions on Refugees and Asylum 35

2.4.3 Regional solidarity, Co-Operation and Burden-Sharing in OAU Convention 37

2.5 Constitution of Burundi and the Status of Refugees 38

2.6 Conclusion 40

CHAPTER THREE 42

REFUGEE RIGHTS CHALLENGES IN BURUNDI 42

3.0 Introduction 42

3.1 Challenges Related to Forced Displacement and Welfare of Refugees in Burundi 42

3.2 Challenges Related to Integration of Refugees and Asylum 47

3.3 Challenges Related to Voluntary Repatriation 50

3. 4 Conclusions 53

CHAPTER FOUR 54

APPLICABILITY OF REFUGEE LAWS IN BURUNDI 54

4.0 Introduction 54

4. iThe Position of Refuge Laws towards Refugees’ Welfare and Security in Burundi 54

4.2The Position of Refugee Laws Related to Integration of Refugees and Asylum 62

4.3lmplementation of Refugee Laws towards Voluntary Repatriation in Burundi 68

4.4 Conclusion 70

VII

CHAPTER FIVE .71

SUMMARY OF RESEARCH FINDINGS, CONCLUSIONS AND RECOMMENDATIONS 71

5.Olntroduction 71

5.1 Summary of Key Research Findings 71

5.1.1 The Position of Refuge Laws towards Refugees’ Welfare and Security in Burundi 71

5.1.2The Position of Refugee Laws towards Integration of Refugees and Asylum in Burundi 71

5.1.3 Implementation of Refugee Laws towards Voluntary Repatriation of Refugees in Burundi 72

5.2 Conclusions 73

5.3 Recommendations 74

BIBLIOGRAPHY .76

APPENDICES 83

APPENDIX IA: TRANSMITTAL LETTER 83

APPENDIX IB: TRANSMITTAL LETTER FOR RESPONDENTS 84

APPENDIX II: INFORMED CONSENT 85

APPENDIX III: INTERVIEW GUIDE 86