THE 32ND ORDINARY S ESSION OF THE AFRICAN COMMISSION ON H UMAN AND PEOPLES RIGHTS Statement on the Protection of Refugees and Displaced Persons in Africa Lawyers Committee for Human Rights Dismas Nkunda, Africa Coordinator, International Refugee Program [Opening] The situation for refugees and the internally displaced over the last six months has been one of both hope, created by the ending of a number of long term conflicts, and difficulty, posed by continuing instability and economic and social problems in the region. The end of the ten year war in Sierra Leone permitted over 60,000 refugees to return home. Many are, however, still unable to access their place of origin and remain internally displaced. The planned scaling down of the UN Mission in Sierra Leone will require careful monitoring. A large number of Sierra Leoneans in Liberia, Guinea and Ghana will continue to require international protection in the short term. The April ceasefire agreement in Angola, ending over 25 years of war, has allowed planning to get underway for a major program of voluntary repatriation. The DRC-Rwanda Peace Accord concluded in Pretoria is also a welcome development. The implementation of the Accord however must ensure that the rights of the various displaced populations are respected, in particular the right to continue to seek protection abroad where it is required. An upsurge of violence over the last week in DRC, for example, saw 7,000 refugees forced to flee to Burundi. Disarmament and dismantling of armed groups remains a priority. Further; African refugee law requires that repatriation always be conducted in conditions of true voluntariness. It is only in the last week, for example, that over 3000 Rwandan refugees fled from Western Tanzania into Uganda, reportedly concerned that the current repatriation process to Rwanda might become compulsory. In the Horn, resolution of the Eritrea Ethiopia border dispute has permitted UNHCR to declare that the cessation clause will operate for Eritrean refugees from December 2002. Plans for return and reintegration are being drawn up with a variety of UN agencies. There are, however, Mr Chairman, areas of continued concern. The events of September 11th 2001 in the United States altered the climate of welcome for refugees, not only in the United States, but also in a number of African States. The movement of foreigners is increasingly associated with insecurity and resettlement programs subject to greater restriction. The situation for ‘urban’ refugees has particularly exa cerbated in a number of countries. Most recently, reports of attacks on

African Commission on Human and Peoples’ Rights, 32nd Ordinary Session (Banjul, October 2002)

Dis mas Nkunda, Africa Coordinator (International Refugees Program), Lawyers Committee for Human Rights Statement on the Protection of Refugees and Displaced Persons in Africa

the lives and homes of ‘foreigners’ in Ivory Coast, are causing grave concern. The current crisis there has already forced the flight of thousands into neighboring West African States, many now refugees for the second time. We would request that the Commission continue to monitor the situation and consider how it might intervene to assist in stabilizing the situation. Of similar concern is the resurgence of conflict in Liberia has caused a new outflow of refugees to neighboring countries. The fact that among those seeking safety are armed elements or former combatants is a factor which is complicating protection efforts and contributing growing instability. The increasing number of violence incidents within, and attacks upon refugee camps highlights the need for a more proactive and collective approach to ensuring the security of refugees and host communities. Refugee security in Tanzania, for example, a country which hosts the greatest number of refugees in Africa, has been a matter of growing concern. Reports of exploitation and abuse of refugees by staff of humanitarian agencies in West Africa also emphasized the vulnerability of refugees when their very existence is dependent on the assistance of others. We request that the Commission consider how it might contribute to the development of practical strategies to implement new models for ensuring refugee security (in particular those relating to maintaining the civilian and humanitarian nature of camps), currently under discussion within the UN system. Operational decisions on the ground in Africa must respond to the particular challenges of African refugee movements and adhere to the specific requirements of African refugee and human rights law. Although harmonization of refugee and immigration laws is underway in the various sub-regions, the foundation of the African Union in July creates an opportunity for the consolidation of a pan-African approach to protection rooted in the principles of the African Charter on Human and Peoples Rights. In this context, we would urge that the Commission support a conference on protecting the human rights of refugees an initiative which it discussed during its 31st session. NGOs are willing to offer their assistance to the Commission in this respect. The economic, social and impact of forcibly displaced populations on the countries who shelter them can be enormous, with both negative and positive implications. We would urge the Commission to consider how it might work to ensure that NEPAD agreement is built upon creatively to take into account the rights and skills of refugee and internally placed persons in the elaboration of national policy development strategies. Thank you Mr Chairman ***

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