ZAMBIA: THE REFUGEE REPATRIATION DELEGATION FROM KIGALI FAILS TO CONVINCE RWANDAN REFUGEES TO RETURN HOME
For the last couple of months, the donor community has put the Rwandan government under pressure to repatriate thousands of Rwandan refugees if the said government is to continue benefiting from external aid.
A national reconciliation has to be achieved before those donors continue wasting billions of dollars on undemocratic and hatreds- torn country with hundreds of thousands of its population living scattered all over the world.
For Kigali, this is a golden opportunity to repatriate all those living in exile so that whosoever does not subscribe to the ideologies of RPF (Rwanda Patriotic Front) can be oppressed and annihilated or purely eliminated once and for all. The latter would therefore eternalize itself on power without any query whatsoever.
Unfortunately for the Kigali government however, this exigency from the donors comes when the country is still listed among top countries in which abuse and violation of human rights are at their zenith.
Nevertheless, Kigali embarked on a pilgrimage to several countries that have offered asylum to Rwandan refugees and pleaded with those nation governments to let those refugees return back to Rwanda to "help rebuild their country". Kigali Tutsi- led government portrayed itself like a "caring government", typically a "wolf in a ship skin".
It is a paradox, because this is the same government that killed more than 8000 Hutu in Kibeho Camp in 1995, the same government that killed more than 200,000 Hutu in refugees camps in the former Zaire
1; the same government that destroyed refugee camps and forcibly repatriated hundreds of thousands of refugees from the then Zaire and Tanzania; the same government that kidnapped, killed or arbitrary imprisoned hundreds of thousands amongst returnees from exile; the same government that watched and supervised thousands of Hutus being abducted, imprisoned or killed so that Tutsi dignitaries, military and civilians alike occupy and personalize their properties; the same government whose strong man Major Paul Kagame publicly stated, on October 1 1994 that it is possible to reverse the Hutu/Tutsi ratio of 9:1; same government that established clandestine crematorium centers like those of Gabiro and Nyungwe forest where, on daily basis, more than 2000 Hutu's dead bodies would be incinerated and their ashes scattered in soil by bulldozers to wash out evidence that RPF was currying out a planned genocide against Hutu people; the same government, when the population surrounding those crematoriums complained about stench of burning flesh, imported machines which would grind dead bodies and the remains would be dumped in acid solution2 ; the same government sent assassins to Nairobi to kill Hutus former members of its cabinet because "they knew a lot of the relentless RPF killings and had opposed that practice" before they fled to Kenya3; the same government that has so far killed about 3,000,000 of Bantu people within Rwanda and DRC4,5; the same government that detains more than 150,000 Hutu prisoners in inhumane conditions for years without trial6; the same government that shields RPF elements who committed genocide against Hutu from appearing before the Arusha International Criminal Tribunal for Rwanda (ICTR)7,8,9; the same government that to some extent excluded Hutus from key posts of leadership and military; the same government that ordered Hutus to destroy their houses and to go and live in common villages, where their counterpart Tutsi were given durable construction materials to build houses and Hutus did received plastic sheets as the sole materials to make their shelters with10; the same government that intoxicated the international opinion against and portrayed Hutu people as the nastiest criminals; the same government that has belittled, demonized and discriminated against Hutus11; the same government that persecuted and threatened lives of some hundreds of Tutsis who do not subscribe to RPF ideologies, causing them to flee the country12; the same government that dissolved and prohibited MDR (Mouvement Démocratique Républicain)13,14 (just a couple of months before presidential and parliamentary elections), a political party in which, though had never been allowed to exercise their political rights, Hutus had hoped to politically associate and elect leaders of their choice when time comes; the same government that has repressed other political parties, the independent press and heavily criticized international human rights organisations which unearth its extreme violations of human rights, accusing them of siding with "divisionists"; the same government that has completed the draft of a new constitution in which political parties will be allowed to exist, but they will be prohibited from grass-roots political activity and the constitution will continue many of the institutions and practices that have favored the development of tight RPF control; the same government whose president declared on march 31, 2003 that he would wound and crush anybody intending to oppose him and his party RPF in the general elections to be held at the end of this year15; the same government that stated that results for the forthcoming general elections are already known (meaning nobody else can emerge winner of those so called elections, but Kagame himself).It is with this background that the very government sent a delegation to Zambia on May 13 2003 to sensitise and convince Rwandan refugees living in Zambia to go back home.
That delegation led by Sheikh Abdukarim Harelimana, state house advisor and president of the commission for repatriation and reinstallation of refugees, comprised Mrs. Hajabakiga Patricia, general secretary in Ministry of Land and Reinstallation; Mugwiza Gérard, commissioner for refugees in Ministry of Home affairs; Buhungu Abel, Rwandan embassy advisor in South Africa; Baguma Abdullah, administrator and coordinator of the refugee repatriation commission.
On May 14 2003, a tripartite meeting was held in Lusaka between representatives of the government of Zambia, representatives of UNHCR Lusaka and Kigali branches and of course that delegation from the government of Rwanda.
On May 15 the three delegations threw to Solwezi and went to Meheba refugee camp where they met Rwandan refugees. The discussions between refugees and Kigali envoys were rather held in a climate of suspicion and mistrust. The envoys failed to answer questions about abuses and violations of human rights currently committed in Rwanda, questions about perpetual persecution of those whose ideologies do not fall in line with those of RPF, the question about why repatriate refugees while dozens of people (Hutus and Tutsis) still flee Rwanda on daily basis remained unanswered. One of the refugees stood up and testified over his ordeal when he was forcibly returned back to Rwanda from DRC. He said he was, together with other returnees surrounded by RPF armed agents and blown off by grenades and their heads smashed using hoes. They thought every one was dead, but him was not. Later on he crawled into nearby shrubs and when he recovered he started another nightmare of running away from his country, walking from Rwanda to Zambia via DRC and Angola. He exhibited his scars as he angrily gave his testimony. At several occasions both envoys and refugees had to raise their voices in disapprovals and boos were heard many times.
The meeting came to an end before any thing tangible was achieved.
On May 16, 2003 the three delegations met Rwandan urban refugees living in Lusaka. In their introductory remarks, both the commissioner for refugees in the Ministry of Home Affairs Mr. Mphepo and the UNHCR Lusaka branch representative Mr. Gubarthalah reiterated the voluntary nature of the expected repatriation. The latter added that refugees have the right to be informed on the situation prevailing in Rwanda and they are free to decide whether to be repatriated or not.
The head of the Rwandan delegation Sheikh Abdukarim told the audience that reasons that had pushed people into exile were over and every Rwandan should return back home to help develop the country.
Only 4 refugees were accorded the opportunity to ask questions to both the Kigali delegation and UNHCR Kigali branch.
The first question asked to Kigali delegation was to know what guarantee their government was giving in terms of returnees security and human rights respect since refugees who had returned earlier, on voluntary basis or by force went through horrible experiences including disappearances, arbitrary detentions and death.
The person asking that question produced document evidence based: He quoted the UNITED NATIONS ECONOMIC AND SOCIAL COUNCIL ON COMMISSION ON HUMAN RIGHTS statement issued on 17 March 2003 entitled THE RIGHT OF PEOPLES TO SELF-DETERMINATION AND ITS APPLICATION TO PEOPLES UNDER COLONIAL OR ALIEN DOMINATION OR FOREIGN OCCUPATION:
"The so-called peace agreement signed last summer and which is still to be put into force has provoked the forced return of Rwandan Hutu refugees from countries such as Tanzania or Zambia in terms of recuperating the democratic normality at the end of year 2002, beginning of 2003. Nevertheless, the situation in Rwanda with scarce democratic guarantees and complete lack of reconciliation among ethnic groups, as we have analysed above, does not lead us to think in a peaceful scenery. United Nations High Commissioner for Refugees is well aware of the risk for their human rights integrity that refugees may suffer, as it happened to occur in 1996-1997. Then, Tanzania made about 500.000 refugees return to Rwanda and they gradually disappeared after some months, appearing a real business of chasing up refugees which were reaching again the country, being tortured, in jail without charges or recruited for the Rwandan Army. However, United Nations High Commissioner for Refugees does not consider the situation to merit a suspension of the process of return until human rights guarantees in Rwanda are already fixed, in contravention with United Nations High Commissioner for Refugees' own first aim and the Statute of Refugees. Repatriation should always be on voluntary basis.
Therefore, we insist that the situation in Rwanda continues being a real and consistent pattern of violations of human rights and fundamental freedoms and should be included in the list of countries which need specific follow-up in these matters".
Sheikh Abdukarim, the leader of Rwandan delegation did not answer the question to the expectation of the audience, especially refugees. Here is his entire answer to such a pertinent and valid question: "the question I think part of it will be answered by UNHCR concerning the security and conducive situation in Rwanda for returnees, because I was clear, and what I am saying is true that in 1994 we had more than 3000000 Rwandan refugees outside the country, and now we are counting only between 70000 and 85000. Rwandan population after the last statistics and census are 8.1 millions. All those people are living in the country. We have been visited by dignitaries from different countries and different organizations including the UN secretary general, who visited Rwanda I think not less than 2 or 3 times during this course of nine years and his reports to the World body I think are well heard by everybody. So concerning security, you are very far from Rwanda now and impartially you are reading what you get from internet, Human rights watch and whatever, but you are not reading the other side of the papers".
Refugees lamented that the delegate was not adequately and convincingly answering and myself and any other observer would feel likewise.
Not everyone needs to live in Rwanda to be able to appreciate the security and human rights situation prevailing there. If one does not believe in the printed nor electronic media, He/She will probably believe in reports of respectable international human rights organizations like Amnesty International; Human Rights Watch; UN Commission for Human Rights; Amnesty Canada; Afroamerican Network; Fundación S´Olivar de Mallorca, Spain; Inshuti, amis des peuples du Rwanda et du Burundi, Spain;
Organisation pour la Paix, la Justice et le Développement au Rwanda (OPJDR),....
Should one be too adamant to fail to believe in all above sources of information, at last he will be convinced by reports from people who have been continuously fleeing Rwanda. Besides, Rwandans living inside the country communicate with the outside world and inform it. Refugees can therefore be accurately kept abreast of even the smallest details in the human rights development in Rwanda.
The second question was over "Gacaca" literally meaning gambling with justice. The one who asked observed that court is not only inadequate, but unfortunately it is also biased. This is a traditional council of elders, which used to settle differences among neighbors and friends. The government wants to introduce this judiciary system for trial of suspects of genocide and other crimes against humanity and property. Judges are selected people majority of whom have no idea of the laws and human rights, and some of whom are not even literate. Those selected are then given training for 5 days only. He quoted Human rights watch World report 2003: Human rights developments:
"Gacaca raised several human rights concerns. The accused, for example, have no right to legal counsel. Given the poor training of judges, defendants accused of similar crimes may be classed in different categories, resulting in sentencing disparities. The impartiality of judges was raised in several communities and in several cases those accused of having themselves participated in the genocide resigned. In addition, sentences for rape will violate the principle of non-retroactivity because the gacaca law imposes long prison terms or even the death penalty while earlier penal law imposes only terms of five to ten years. There is no protection for witnesses and detainees, who testify publicly, thus making it difficult for Tutsi --a small minority in most communities-- to accuse others.
The law establishing gacaca courts authorized them to hear charges of war crimes and crimes against humanity. President Kagame and other government officials stated repeatedly, however, that these courts may not hear accusations of such crimes by RPF soldiers, which must be taken to regular courts, a position that continued to be questioned by people in several communities. There were problems obtaining the required quorum of one hundred adults at some of the gacaca sessions and local authorities threatened fines or other sanctions against absentees or used the Local Defense Forces, a government paramilitary force, to compel attendance".
Sheikh Abdukarim answered: "concerning Gacaca, ok, somebody is saying it impartial, that is Human rights Watch I don't know or whatever. These people first of all I am sure they are not represented in Rwanda, they are just seated somewhere in London, somewhere in New York and they are being served by the opposition outside our country. It's a precision, which everybody knows that, it cannot surpass to the current government which, eeh, they have problem with it, political problems of course. Gacaca first of all why was it established? We have these western courts in Rwanda". He went on to explain that considering the big number of people incarcerated in prisons, conventional courts would take 200 years to try all cases.
The third question addressed to Sheikh Abdukarim was about knowing why he classified Rwandan refugees into 4 categories:
It was observed that it is unacceptable to pass an unjustified judgment on innocent people that you claim you want to repatriate for a national reconciliation.
The Kigali envoy answered that it was true that refugees are divided into those classes, but he gave no further explanations as to who gave him the right over culpabilisation of refugees.
Mss Karago from UNCHR in her deliberations recognized incidences where Rwanda refugees were forced back to the country but she insisted their organization policy is not to return refugees against their own will. She appreciated the existence and importance of so many reports on severe violations of human rights in Rwanda. She however said: "according to our benchmarks, there are certain things which have happened in Rwanda, which we believe guaranty for the organization to start promoting return back to Rwanda. Refugee status is not permanent, it has duration and that duration is very very much decided by what is happening on the ground. On the other hand, if things go wrong in Rwanda today, and I hope they don't, we can always change our mind".
The UNHCR Kigali Branch representative opined that there was security in Rwanda, and so far no returnee had ever approached him to complain. Later on, he was asked how he expected returnees who are imprisoned or killed to go back to him to register their complaints, but he did not answer.
Patricia Hajabakiga from Rwandan delegation caused laughter in audience when she stated that Rwanda is the best country with security in the whole region. She added that Rwanda had been placed first in good leadership and governance out of 173 countries. She went through the usual Rwandan propagandist verbatim over the 1994 genocide carried out by Hutus but did not say a word of that carried out by Tutsis of RPF against Hutus since 1990 to date.
Other posed but unanswered questions were about
1. Impunity of Tutsis and their RPF involved in killing of millions of people.
2. Diabolisation of all Rwandan living in exile.
3. The question about monopolization of all governmental and parastatal organizations, army by Tutsis (where they occupy 90 to 100% while that ethnic group accounts for 10% of the Rwanda population) rose violent verbal reactions from the Kigali delegates. Sheikh Abdukarim in his replication claimed Hutu and Tutsi difference no longer exist in "modern" Rwanda. He became sarcastic in giving his answers, and he even took the opportunity to boast that Rwandan army entered DRC, and not only destroyed refugee camps but also progressed and reached Kinshasa. He warned that Rwandan army is ready to invade any other country when compelled to do so.
Patricia Hajabakiga who was visibly annoyed spoke on top of her voice and immediately compiled ethnic based statistics of the current government composition, clearly contradicting the previous speaker: She knows who is who!
She argued that, when growing up, she was taught that Hutus were bad people and used to think that they were not human beings, but things have to change.
On closing the meeting Mr. Mphepo thanked everybody who attended and he declared that it was the first of a series of other meetings.
That was the end of the official meeting but spontaneously another one started between some members of the Kigali delegates and refugees. Sincere questions and sincere answers were exchanged. For example one refugee asked: "Why do you keep on killing people in Rwanda"? The answer was " Do you think that those whom you killed in 1994 were not human beings too"? Those who had sensitive questions in official meeting were labeled "divisionists" and it was unilaterally concluded that they discouraged those with goodwill who intended to repatriate. The outcome of that unofficial meeting was rather discouraging.
In conclusion, the general impression: that meeting was not convincing to Rwandan refugees and the Kigali delegation was not truthful in their endeavor to inform them of the conduciveness of the situation in their country for they are to make an informed consent to voluntarily return back.
Christen von Lieben
05.23.03
1. Forced repatriation of 22,000 rwandan refugees
http://www2.minorisa.es/inshuti/tanzan7a.htm2. UDC Newsletter: Crematoriums of Rwanda published in November 1997
3. Excerpt from Sunday Express, April 21, 1996
RETURN TO HELL by Nick Gordon4. The United States and other powers have become allies to real monsters
: Caravan for a responsible, plural and united world. Number 8 June 20015.Museveni & Kagame: The McVeigh and Terry Nichols of the Great Lakes Region.
Sloj, S. Litofe Ph.D in Political Economy & Public Policy, Specialist in Comparative and Developmental Economy.Republic Democratic of Congo:Permanent Commssion-United Nation August 15 2000
6.
Human rights and security in Rwanda: Repatriation of Rwandan refugee Dr. Mathias Sahinkuye. Dec.- Nov.20027. Rwanda: Deliver Justice for Victims of Both Sides. Human rights news, Human Rights Watch August 12, New York
8. UN probes leading Rwandan officials investigators "scared stiff":
Tutsi suspects hold most senior government posts. Steve Edward, National Post of Monday, February 21, 2000
9. Letter Sent to US Ambassador John Negroponte, President of UN Security Council
Letter also sent to members of Security Council
10. Uprooting the poor rural in Rwanda. Reconciliation, Publications: Human Rights Watch
11. Conditions d'une Paix durable dans la région des Grands Lacs
Mémorandum de l'Union des Forces Démocratiques Rwandaises (UFDR) 23 Novembre 1998
12. Rwanda: The search for security and human rights abuse. Human Rights Watch,
April 2000 Volume 12, Number 1 (A)
13.
Rwanda: RPF Seeks to Eliminate Opposition. Elections Set to Solidify Power. Human rights news, Human Rights Watch. New York May 8 200314. RDR, Communiqué de presse no. 2/2003 du 10 Mai 2003
15. Rwanda: Preparing for Elections: Tightening Control in the Name of Unity
Human Rights Watch Backgrounder May 8, 2003