RALLY FOR THE RETURN OF

REFUGEES AND DEMOCRACY IN

RWANDA

R.D.R

4, RUE A. CLUYSENAAR

1060 BRUXELLES

BELGIQUE

Tél: 32-2-5348035 Fax: 32-2-5348053

7, RESIDENCE MONTESQUIEU

49000 ANGERS

FRANCE

Tél/Fax: 33-41489987


October 3, 1996

 

PRESS RELEASE Nº 93

 

THE DC OF NGARA IS NOT TELLING THE TRUTH, THE "LUMASI 7" ARE ALREADY IN JAIL IN RWANDA

 

At the end of a one day working visit to the rwandese district of Kibungo, the tanzanian district commissioner(DC) of NGARA declared that tanzanian authorities had arrested 7 rwandese refugees, all members of the RDR while engaging in political activities.

He added that the Tanzanian authorities were ready to hand over to RPF government, so as to speed up the repatriation of the remaining refugees.

With due respect and gratitude to the government and the people of Tanzania for having endured the burden of accommodating nearly 700,000 rwandese refugees, RDR would like to put the records straight over the case of those 7 rwandese refugees known today as the "LUMASI 7".

After the appointment of the new District Commissioner of NGARA district in Tanzanian, in May 1996, the rwandese refugees felt duty bound to pay to him a courtesy call and congratulate him over his nomination. It is in this respect that their representatives sought an audience, without any hidden political agenda at all.

Two months later, the District Commissioner's office informed the refugees, through the representative of the Tanzanian ministry of Internal Affairs seconded to the administration of the camps, that their request had been granted. He however, insisted on up grading the size of the representation, to include all camps namely BENACO, LUMASI, MUSUHURA,LUKOLE, KITALE, KEZA and KARAGWE.

This change did not meet any resistance although it came just 24 hours before the audience.

On 21st August 1996, representatives of BENACO and MUSUHURA camps met the District Commissioner in the presence of the area police commander, the immigration officer, the military intelligence officer, as well as a number of other local officials.

The visit went on so well that at the end of the meeting, a get together was organised in honour of the refugees, and the latter signed even a visitors book, and posed for a group photograph with District Commissioner, making sure that each refugee delegate poses with the DC.

Back to the camp, the refugees were too glad that they organised a party for the representatives of the Ministry of Internal Affairs in the two respective camps of BENACO and MUSUHURA.

Little did they know that they would be betrayed soon.

On the 22nd August 1996, it was the turn of the camps of LUMASI and LUKOLE.

And the last minute, the Ministry of Internal Affairs representative in LUMASI camp informed refugees, that only representatives of LUMASI would be received. A trap that will cost them dearly.

The unsuspecting delegation of LUMASI went to the DC's office as scheduled, leaving behind their colleagues of LUKOLE camp.

 

The reception was very cool from the very beginning. In his welcome speech, the DC started by threatening refugees, accusing them of having caused a lot of environmental degradation to the region, and engaging in lawlessness activities such as poaching, banditry etc...

The DC delegation comprised the same officials. But one could see an unusual police deployment all over the place.

At the end of the meeting, the DC informed the refugees, that he had just received a message from Dar-Es-Salaam that which he wanted to communicate to some refugees. This was obviously not true, because the police deployment , as well as the last minute change of the program, were not mere coincidence.

The DC then read only 6 names and asked them to remain behind, while ordering the others, to disappear. Later on, he called the seventh one.

Those whose names were read ,i.e TUGIREYEZU EUGENE, GAHUTU PROVIDENCE, MUNYANEZA LEONIDAS, UKOBIZABA AUGUSTIN, BIGIRABAGABO GERVAIS, MUSHIMIYIMANA LAURENT and BIREKERAHO BONIFACE, were immediately forced into a vehicle of the immigration officer without any information about the motive of their confinement.

On their way to Kabanga, the 7 refugees asked the police escort why they were being arrested and the latter, told them that his county did no longer want them on her territory and wanted to hand them over to UNHCR for an alternative asylum country. He hastened to add that there was no fear of being deported to Rwanda in any case.

Representatives of the Ministry of Internal Affairs in the camps of LUMASI and LUKOLE who had accompanied the delegation, vanished, only to reappear in the evening in the camps.

On the 23rd August 1996 and 24th August 1996, relatives were allowed to take food to the LUMASI 7 at KABANGA police station near the border with BURUNDI. Even UNHCR was allowed to see them and went on even to pledge assistance to the bereaved families. But that was the last word refuges heard from UNHCR until the 7 were smuggled out. To the best of our knowledge UNHCR has never protested to the relevant authorities over such a glaring violation of the very convention it is supposed to protect.

On 25th August 1996, without any court order or prior warning, as provided for by the law, the "LUMASI 7", were summarily deported to Rwanda in total violation of the law.

Ever since, there are behind bar in Kibungo district prison in Rwanda, where they are undergoing the most degrading treatment.

The statement by the DC of NGARA is therefore misleading, because the poor refugees are already in jail in Rwanda.

From this account, what political activity had they engaged in?

It has become nowadays a fashion for tanzanian local government authorities to smuggle rwandese refugees back to Rwanda, without any due regard to the laws. On 13th September 1996, two other refugees had been handed over to RPF at RUSUMO border in the same fashion.

Much as refugees are grateful to the government and the people of Tanzania for the hospitality extended to them otherwise, they cannot help condemn in the strongest manner the current trend by local officials of trampling on their basic rights.

Whatever the local government of the land may provide for as far as handling refugees is concerned, international conventions are very clear on the matter of deporting refugees and in this connection, international laws prevails over national laws whenever there is a conflict between the two.

Hence, article 32 of the United Nations convention relating to the status of refugees worldwide provide for:

 

1. The Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order.

2. The expulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. Except where compelling reasons of national security otherwise require, the refugee shall be allowed to submit evidence to clear himself, and to appeal to and be represented for the purpose before competent authority or a person or persons specially designated by the competent authority.

 

3. The Contracting States shall allow such a refugee a reasonable period within which to seek legal admission into another country. The contracting States reserve the right to apply during that period such measures as they may deem necessary.

 

Article 33 of the same convention further states that:

1. No contracting States shall not expel or return ("refouler") a refugee in manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.

2. The benefit of the present provision may not, however, be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.

The OAU Convention Governing Specific Aspects of Refugee Problems in Africa further provides at article V provides :

"The essentially voluntary character of repatriation shall be respected in all cases and no refugee shall be repatriated against his will."

 

RDR pleads with the tanzanian authorities to be true to their legendary hospitality and adhere to international conventions concerning refugees. In particular, RDR asks the government of Tanzania to bring a stop to the practice by local officials of Ngara district to deport rwandese refugees before exhausting all other avenues provided for in international laws.