It is not Rwanda's duty to manage Uganda's refugee procedures
I was shocked to hear Rwanda's Ambassador to Uganda Maj Gen Frank Mugambage say that the Government of Rwanda wants the 16 Rwandan students who recently crossed to Uganda seeking asylum, to be taken back to their country.
The students claim they were being forced to join the M23 rebels of DR Congo, while the ambassador said they had taken part in some examination malpractice of some sort. My concern, however, is for the ambassador to tell the Uganda government what to do and how to manage its asylum seeking/refugee assessment process.
An asylum seeker is someone whose claim for protection has not been decided by the country in which she or he has submitted their claim. Not every asylum seeker will ultimately be recognised as a refugee, but every refugee is initially an asylum seeker.
Uganda has the obligation to protect the rights of asylum seekers and refugees. Forcible return of refugees and asylum seekers fundamentally violates Uganda's international obligations. Uganda has signed the 1951 convention relating to the status of refugees and its 1967 protocol; and the 1969 OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa.
Uganda has a Refugees Act 2006, which epitomises its unwavering liberal policy towards refugees who seek protection until they can achieve any of the three durable solutions of: returning in safety and dignity to their countries of origin, resettlement in a third country, or integration in the country of displacement. This Act followed the 1960 Uganda Control of Alien refugees Act. Uganda also has a country asylum policy.
Ambassador Frank Mugambage should note that Uganda's asylum system will decide whether the Rwandan asylum seekers actually qualify for protection. They will be assessed and reviewed without any interference. Those judged through proper procedures not to be refugees, nor to be in need of any other form of protection, will be sent back to Rwanda.
Uganda has a positive track record in giving fair individual procedures that determine refugee status and respects asylum seekers rights. The Uganda government, however, does not need any directives from the Rwanda government on how to manage this process.
Since time in memorial, Uganda has hosted thousand of asylum seekers. Likewise, many Ugandans, including the families of President Museveni and other prominent Ugandans, sought asylum during Uganda's turbulent political past. There was no way their host countries could have listened to the government of the day to have them returned.
It is no secret that most of the current Rwandan leaders were either born in exile or sought asylum in various countries, including Uganda. I wonder what would have happened if the then ruling government in Rwanda had demanded for their return at that time. What is sauce for the goose is source for the gander.
Albert Gomes-Mugumya
Specialist in peace, conflict & international security
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