(ThyBlackMan.com) On December 28, 2015,
The Zambian government deported two Rwandan nationals who included a Lab Technician who was working at the University Teaching Hospital (Zambia) – Mr.Egibe Rwasibo.
He was equally a Leader of Former Rwandan Refugee Living in Lusaka.
Another Rwandan National who was deported is Mr.
Innocent Habumugisha-a Businessman who had lived in Zambia for the most part of his childhood until this misfortune befell him.
Whilst Mr Egide was no longer a concern of the UNHCR because he was merely a Former Refugee,Innocent on the other hand enjoyed full protection of the UNHCR and the Zambian Commissionner’s Office as one of the few Rwandans who retained their Refugee Status.
When contacted shortly after the deportation had just taken place,
Dickson Jere who is the aforementionned’s lawyer said;
“We don’t know what they have done, but one of our clients was told that he was involved in genocide and wanted back home.”
Confirming the deportation, Zambia’s Immigration Department spokesperson Namati Nshinka dismissed Dickson Jere’s claims by stating;
“Yes, it is true that the two were deported yesterday [Sunday]. The reason is that their continued stay here was a danger to good order and peace. It’s nothing to do with genocide.”
The Zambian authorities did not avail the general public with the reasons that led to the deportation of these two gentlemen other than a statement stating that that their continued stay in Zambia was a danger to good order and peace.
Some Rwandan nationals resident in Lusaka who claimed to have witnessed the deportation stated that the two suspects were handcuffed and blindfolded before being taken to Kenneth Kaunda international airport.
Appallingly, Rwandan officials said that the forestated had no case to answer in Rwanda;
“They were deported following Zambia’s immigration case while for us we don’t have any case against them,”
Faustin Nkusi, Rwanda’s prosecution spokesperson told KT Press without explaining details on the matter.
“They are free people and we are not carrying any investigation against them,” he said.
Nkusi said, several reasons lead to deportation, which is always initiated by the host country.
It can result from a crime committed by the migrant on the foreign land, irregularities of immigration documents, or anything that renders the person undesired in the host country.
He said, this does not mean that the deported person will be automatically arrested once in their country, unless he has other cases back home.
However, Ange Sebutege, the communication director at Rwanda’s Directorate of Immigration and Migration told KT Press;
“We received the two citizens like any Rwandan returning home. We can’t talk about deportation because it did not follow routine procedures.”
Sebutege said normally,
“The deported people come escorted which was not the case. The host country notifies us and this was not done.”
Sebutege said, the two citizens held Zambian travel documents when they arrived in Kigali.
Mr Habumugisha originates from Nyanza district-Southern Rwanda while Rwasibo hails from Rusizi district in Western Province.
The latter visited Rwanda in March 2015 during the program Come and See, Go and Tell, where Rwandan refugees come to Rwanda to witness the country’s progress and peace so they can go and sensitise fellow refugees to repatriate.
As for Mr. Egide,
In 2015,Egide Rwasibo as the Chairman for Former Rwandan Refugees Living in Zambia participated in the “Go and See,Come And Tell” programme.
These programs are believed to spy on Rwandan refugees.
Since this matter was never adjudicated upon as promised by the suspects’ Lawyer,
In this Article,the Author will try to analyse whether the law was abided by when deporting the two Rwandan Nationals.
Chapter 120 known as The Refugees (Control) Act is the Law that Regulates the welfare of all Refugees in Zambia.
Although under Article 33 of the 1951 Convention Relating to the Status of Refugees and also the in 1967 Protocol Relating to the Status of Refugees and Article 3 of the 1984 Convention Against Torture;
Refugees are protected from Non-Refoulement;
Under Zambian Law,a Refugee may be deported should he fall under the criteria set in Section 10 of the forestated Act(Deportation of refugees).
Section 10 reads;
10. (1) The Minister may at any time order any refugee to return by such means or route as he shall direct to the territory from which he entered Zambia.
From the above,it is clear that under Zambian legislation,”Refugee Status” is a conditional privileged which may be revoked after following procedures designated by municipal laws relating to the welfare of Refugees.
Deportation of refugees.
(2) A court convicting any refugee of an offence under the provisions of this section may order the deportation of such refugee to the territory from which he entered Zambia.
The Judiciary is also empowered to revoke one’s Refugee status upon determing whether their continued stay in Zambia will conflict with factors such as “good order and peace,national security,public policy or any other factors as the Competent Presiding Officer may deem fit.”
(3) Where any person is ordered to return to the territory from which he entered Zambia or to be deported under subsection (1) or (2), he may be held in custody and deported in accordance with such order.
(4) No order shall be made under subsection (1) or (2) in respect of a refugee if the Minister or the court, as the case may be, is of the opinion that such refugee may be tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in the territory from which he came or is likely to be the subject of physical attack in such territory.
Section 10(4) is rather interesting because it proscribes the deportation of Political Refugees should the refugee to be deported
be at risk to be tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in the territory from which he came or is likely to be the subject of physical attack in such territory.
A typical example can be drawn from the case of a Rwandan Refugee Law Graduate living in Zambia(name withheld for security reasons).
In his interview with Face2FaceAfrica,
He challenged the International Criminal Tribunal for Rwanda(ICTR)’s reconciliatory efforts for it has so far indicted the Hutu clan only and many renowned Jurists have criticised it for practicing “victor’s justice.”
He also challenged the Gacaca Courts for failing to indict members from the current ruling party, the RPF.
To him they seem to be above the law.
His academic scrutiny of the Rwandan Genocide is punishable under Rwandan Law.
It is known to be Genocide Ideology and may attract a 15 year sentence if one is lucky and death of the Accused Person in most cases.
It is clear from the above,as an ardent critic of the oppressive Kigali regime,sending him/her to Rwanda will not be in the best interest of justice.
(5) Any refugee who fails to comply with an order made under subsection (1) shall be guilty of an offence against this Act.
(6) Where an order is made under this section in respect of a refugee who has been present in Zambia for a continuous period of not less than three months immediately prior to the making of the order, the authority making the order shall inform the refugee, or cause him to be informed, that he may make representations against his deportation on the grounds that he is in danger of being tried, or detained or restricted or punished without trial, for an offence of a political character after arrival in the territory from which he came or is in danger of physical attack in such territory.
A refugee to whom this subsection applies who wishes to make such representations shall make them forthwith to the person by whom he is so informed and that person shall reduce such representations to writing and forward them to the Minister; and the Minister shall consider the same and determine whether or not the refugee shall be deported in accordance with the order in that behalf or whether that order shall be revoked and, where the Minister determines that the order shall be revoked, he shall have the power to revoke the same.
Pending the determination of the Minister on any such representations, the order for the deportation of the refugee shall be suspended.
From the above,it is clear that prior notice ought to be given to the suspect before they are deported.
They must be able to exonerate themselves and provide compelling evidence to the Minister as to why they think they should not be deported.
Failure to accord them this opportunity is not only insidious to the Refugee welfare at large but a clear violation of Zambian Legislation that was put in place to ensure that Refugees are not sent back to the land which brought them terror where they are no compelling reasons to do so by the host country.
All in all,Rwanda still remains a volatile state where basic human rights of the citizenry are not observed.
And also,given the extrajudicial killings of the Kigali Opponents and Rwandan Refugees in exile,one may only assume that the decision to deport these two Rwandan Nationals was in the interest of the safety of the thousands of Rwandan Refugees and Former Refugees.
Until then,the manner in which these two suspects were deported as reported by the eye-witnesses was highly degrading and it is our hope that in future,a more humane modus operandi will be employed irrespective of the circumstances of the case for Zambia is a Christian nation.
NOTE : REFUGEES ARE NOT ABOVE THE LAW.
SOURCES.
***https://face2faceafrica.com/article/hutu-refugees
***REFUGEES (CONTROL) ACT : CHAPTER 120.
***http://m.news24.com/news24/Africa/News/zambia-deports-two-rwandan-genocide-suspects-20151228-9
***http://ktpress.rw/2015/12/no-case-for-deported-rwandans-from-zambia/
***1951 Convention Relating to the Status of Refugees
***1967 Protocol Relating to the Status of Refugees
Staff Writer; Lionel Nishimwe
We are an ‘ ADVOCACY AGENCY’ that specialises in DISPUTE SETTLEMENT in liaison with relevant ‘LEGAL ADVOCATES’. Can visit our official “fanpage” over at Facebook; Lionel Nishimwe & Ngandu Consultancy.