3. ENSURING THAT TODAY’S REFUGEES ARE NOT TOMORROW’S STATELESS:
SOLUTIONS IN A REFUGEE CONTEXT
restrictive. At a local level, numerous local officials expressed strong
levels of xenophobia towards this population – which, in turn, were
also reflected by some members of the host community.
Third, national and local belonging interact and need to complement,
rather than contradict, each other. Tensions between national and local
realities were preventing implementation of the scheme. In a context in
which the ability to realise the rights of citizenship is about more than
a national identity document, the ability for individuals and groups to
be recognised as legitimate within the locality in which they are living
– and, therefore, to have access to economic and political resources at
a local level – is a crucial component to citizenship. As one woman said,
“[t]o me, citizenship is to cooperate if someone is sick and help them
to feel at home. It is being able to borrow salt from your neighbour.”22
Solving statelessness, therefore, while undeniably needing to be
resolved at a legal level, also needs to take into consideration the
broader socio-political context in which access to rights as a citizen of
the State takes place.
4. Rwanda: When repatriation fails
While the situation facing this group of former Burundian refugees in
Tanzania has been largely resolved, the scenario facing thousands of
Rwandan refugees is far more equivocal. In recent years, there has been
increasing discussion about the invocation of the cessation clause for
Rwandan refugees under Article 1C(5) of the 1951 Refugee Convention,
which calls for refugee status to cease when the conditions that gave rise
to international protection needs no longer exist. Although UNHCR has
recommended application of the clause, it is for governments hosting
Rwandan refugees to formally implement. So far, few have done so. The
removal of refugee status from Rwandans has left thousands of former
refugees from Rwanda living in host countries that invoked the clause
in limbo. When not exempted from the exercise of the invocation after
individual determination processes, individuals have no continued
recognition of refugee status. Yet, many are reluctant to approach the
Rwandan government for any affirmation of their original nationality
out of fear for their own, and/or their family’s security, as a result of
having contact with Rwandan government officials, which may impede
22
Interview with former refugee woman, Mishamo settlement, Tanzania, August
2012. Cited in IRRI, ‘I can’t be a citizen if I am still a refugee’, supra n16.
84
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