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News Story
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Tanzania:
Burundian refugees must not be intimidated to
return home
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Amnesty International
29 June 2009
The Tanzanian authorities must ensure that thousands of
Burundian refugees who have been living in the Mtabila
camp are not sent back to their country under coercion, as
suggested by recent reports received from a number of
refugees and organizations, Amnesty International said
today.
“We are worried about reports of refugees being
pressured to leave the Mtabila camp. Some of their homes
have been set on fire, while other refugees have received
threats of arson,” said Godfrey Odongo, Amnesty
International’s East Africa researcher. “It is all the
more worrying that these actions have been carried out by
individuals said to be directly instructed by the
Tanzanian authorities.”
More than 36,000 refugees have been hosted over the
years in the Mtabila camp after fleeing from the conflict
in Burundi. The Mtabila camp is set to close by 30 June
2009 as part of a repatriation programme that will see all
refugees returned to Burundi.
The programme is being implemented under a tripartite
agreement agreed to by the Governments of Tanzania and
Burundi and the United Nations High Commissioner for
Refugees (UNHCR) in April 2002. In a joint communiqué,
signed in December 2008 the programme was described as
“voluntary” and justified on the basis of “recent
developments galvanizing the peace and reconciliation
process in Burundi”.
Amnesty International understands, however, that
contrary to international and regional law, there is no
procedure in place to assess any individual claims by
refugees and asylum-seekers of well-founded fears of
persecution.
”Both Burundi and Tanzania must make it clear to the
refugees that any repatriation programme is voluntary and
offer the refugees alternative and durable solutions such
as local integration,” said Godfrey Odongo. “Any coercion
of refugees to return to their original country would be a
breach of international and regional law.”
”Any repatriation must respect the relevant principles
of refugee protection. Voluntary returns must be based on
a free and informed decision taken in safety and dignity.
Intimidation, removing assistance or closing camps can
amount to coercion which means repatriations would be
involuntary and potentially unlawful.”
Background:
Under the 1951 Convention relating to the Status of
Refugees and the 1969 Organisation of African Unity
Convention Governing the Specific Aspects of Refugee
Problems in Africa, the governments of Tanzania and
Burundi are obliged to refrain from any action that would
result in the forcible return of refugees or
asylum-seekers to a country of their origin where they may
have a well-founded fear of persecution. The determination
of any well-founded fear of persecution requires the
institution of a formal and fair cessation procedure that
would allow refugees to challenge any decision to end
their refugee status and to present their case for a
continued fear of persecution.
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