U.S. Committee for Refugees and Immigrants World Refugee Survey 2006 - Burundi

Refoulement/Physical Protection

In June, the Government, under pressure from the Government of Rwanda, declared that some 8,000 Rwandan asylum seekers were illegal immigrants and forcibly expelled them without conducting asylum screenings or allowing monitoring by the Office of the UN High Commissioner for Refugees (UNHCR), despite intensive efforts by the UN, humanitarian organizations, and members of the diplomatic community.

Some 10,000 Rwandans had sought asylum in Burundi since the 11th anniversary of the Rwandan genocide in April. The Government said the asylum seekers were avoiding prosecution by the gacaca courts established to try those who participated in the 1994 genocide. Many, however, had fled violence and intimidation from local authorities and community members. In late April, the Government said that it would not grant them refugee status and in May, soldiers entered and emptied the camps, beating several and reportedly raping one. Although the soldiers expelled thousands back to Rwanda, most re-entered by the end of the month, bringing the population of the border camps to 7,000. Later, the Burundian Government forced the refugees to the already-overcrowded Songore transit center, again beating several, while Rwandan soldiers entered to dismantle the border camps. In mid-June, both governments declared the remaining 8,000 asylum seekers to be illegal immigrants, barred UNHCR from the camps, and forced some 5,000 to return. In July, Burundian soldiers forced 57 asylum seekers to return to Rwanda. In October, Burundian and Rwandan officials threatened forcibly to repatriate another 3,000. Most of the asylum seekers took shelter with Burundian families rather than risk exposure to refoulement in the camps.

In November, about 500 refugees entered Burundi from the Democratic Republic of Congo (Congo-Kinshasa) fleeing fighting between the military and the Mayi-Mayi rebel group.

Burundi's 2004 Transitional Constitution recognized the right to asylum. The Government did not apply a prima facie standard to those refugees arriving in urban areas, but required individual status determinations.

Since the August 2004 massacre of refugees at Gatumba transit center, UNHCR and the Burundian authorities moved some refugees farther away from the border to the Mwaro province, others returned to Congo, while many others moved to Bujumbura.

About 68,000 Burundian refugees repatriated, less than half the number UNHCR anticipated would return. Lack of food in Burundi, continuing military activity by the National Liberation Forces (FNL) rebel group, and the seasonal rains prevented many from returning. In March 2005, more than 800 Burundians from Ngozi, Kirundo, and Muyinga provinces arrived in Rwanda, citing fears of violence over a February 28 constitutional referendum.

Detention/Access to Courts

In June, authorities arrested three Rwandan asylum seekers for alleged participation in the 1994 genocide and two others they accused of being "agitators."

In September, the intelligence services arrested a Congolese Banyamulenge refugee in Bujumbura and held him on their premises for more than three weeks without telling him why but allegedly after having been approached by Congolese officials present in Burundi. In October, security forces reportedly questioned several dozen Congolese in Cibitoke commune on the Congo-Kinshasa border.

Despite the Minister of Justice's claim that the authorities had completed their investigation into the August 2004 Gatumba massacre, it issued no investigation report and made no arrests.

The 2000 Arusha Peace and Reconciliation Agreement (Arusha Accord) forbade arrest of refugees without notification and justification to its Implementation Monitoring Committee. Refugees had the right to access courts, pursuant to the Constitution. In practice, the judiciary was highly dependent on the executive branch, dominated by members of the minority Tutsi community, and subject to corruption and bribery. While the Government maintained it would issue identity documents to refugees in camps and urban areas and three-month renewable permits to asylum seekers with pending claims, it generally did not do so.

Freedom of Movement and Residence

Burundi maintained a reservation to the Refugee Convention's freedom of movement provision and restricted refugees from living near the border with their country of origin. In December, Congolese refugees staged a sit-in in front of the UNHCR building in Bujumbura protesting plans to relocate them to camps. Many expressed fears that the camps were unsafe, citing the 2004 attack on the Gatumba transit camp. The Government did not always enforce its restrictions but competition for land between present occupants, Burundian refugee returnees, and internally displaced persons made it difficult for refugees to live outside camps and find adequate shelter without risking harassment or attack.

Right to Earn a Livelihood

Burundi maintained a reservation to the provisions in the 1951 Convention Relating to the Status of Refugees (Refugee Convention) that exempt refugees from labor market restrictions. In practice, however, the Government did not prevent refugees from working in the informal sector, but required them to obtain permits for professional jobs, selling goods in markets, and formal wage-earning activities.

Public Relief and Education

In late April, authorities barred UNHCR from Rwandan asylum seekers in border camps, seriously disrupting humanitarian aid. According to Doctors Without Borders, "Lack of water, access to food and shelter are weakening this population's health and increasing the risks of epidemics and malnutrition."

The Arusha Accord mandated that the Government facilitate humanitarian assistance for refugees. UNHCR and other aid agencies provided refugees living in most camps with basic assistance, medical services, housing, and primary education. Those living in urban areas received aid for up to six months only.

Burundi maintained a reservation to the Refugee Convention's right to primary education on par with nationals. In May, President Ndayizeye publicly threatened to expel UNHCR and the International Committee of the Red Cross from Burundi, accusing the organizations of providing aid to Rwandans to whom the Government had denied refugee status.