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The Government of Uganda is violating the Article 12 (5) of the African Charter on Human and Peoples rights, by resorting on mass expulsions of non-nationals (Rwandan Refugees) on the basis of nationality and ethnicity. In addition of refoulement; it is very substantial to note that the ultimatums, verbal abuse, deadlines, anti-Rwandan refugee rhetoric, destruction of crops and huts, restriction of access to humanitarian assistance, bars on granting of refugee status, and starvation are some of tactics that are currently used by the Government of Uganda (GoU) to induce and force us to return to Rwanda.

In absence of evidence, Government Minister of Disaster Preparedness, Relief and Refugees, Prof. Tarsis KABWEGYERE, continues to unfoundedly accuse Rwandan Refugees to be criminals (Reuters, Uganda Defends Deportation of Rwandan Refugees,July 20, 2010). Rwandan refugees are always treated as criminals who are running away from justice. This has resulted into perpetuated ethnic stereotypes and it is gradually becoming an excuse for Ugandan authorities to violate our rights. In the other hand, it has been a pretense always advanced by Rwanda Patriotic Front (RPF) to genocidal massacre Hutu refugees.

Prof. Kabwegyere threatened that push factors and refoulement would not be desisted soon.” If Rwandan refugees insist, we shall chase them or they can contact UNHCR so that they are relocated elsewhere. This is the government position, UNHCR knows about it and they should arrange with Rwandan refugees and take them to another country”: he added (IRIN, Uganda Starves Rwandan Refugees to Force Them Return to Rwanda, July 19, 2010).

However, UNHCR is always asserting that they are not informed about the situation. So far, the Rwandan High commissioner in Uganda, Maj. Gen. Frank MUGAMBAGE, confirmed that UNHCR knows what is going on as it was reported by Daily Monitor in July 2010. “ The Rwandan envoy to Uganda, told Daily Monitor in Kampala that UNHCR has declared that, by next, all Rwandan refugees in Uganda will be returned home”: written in the Daily Monitor article “ Rwandan Refugees to Return”; Says Rwandan envoy to Uganda. So, the lack of rationality and transparency is weakening the credibility of UNHCR in general and, in particular, narrows the confidence of Rwandan refugees.

At one end of the scale, Government of Rwanda (GoR) is seeing the simple recognition of refugee status to Rwandan refugees by GoU as a hostile act as they are struggling to cover up the crimes of genocide perpetrated in DR Congo.

This is despite the fact that both African (Article 11 (2)) and Ugandan (Section 3 (1)) refugee Laws explicitly provide that the grant of refugee status is intended to have strictly humanitarian effect.

Subsequently, if GoU is unwilling and finds difficult in continuing to grant asylum and protection to Rwandan refugees, they should appeal directly to the International Community (IC) for lightening the burden as it is enshrined by the article 11 (4) of 1969 OAU Refugee Convention and 1951 UN Refugee Convention

Nevertheless, this option and the IC’s commitment may be needled by some calculations, because we are clearly hostages to political reckoning.
The numbers of returnees, and with the speed they return, are computed as indicators of political gain and would undoubtedly help the RPF-dominated government to formulate pseudo motives to dismiss the UN report on Genocide perpetrated by RPF against Hutu refugees in DR Congo.

The politicization of Rwandan refugees’ protection emanates not only from Uganda and Rwanda, but also from the broader IC. The latter’s failure to help prevent genocidal massacres in Rwanda and DR Congo, and to respond effectively to the refugee emergency which ensued, for example, may make donor governments eager to encourage the return – whether through the activities and policies of UNHCR or bilaterally. This results in their prone to overlook shortcomings in governance and human rights protection in Rwanda.

The IC has clear obligations to intervene where required. The UN Security Council Resolution 1296 (2000) invites the UN S General Secretary to bring to the attention of the Security Council situations where refugees and IDPS are vulnerable to infiltration of armed elements.

Subsequently, if GoU is unwilling and finds difficult in continuing to grant asylum and protection to Rwandan refugees, they should appeal directly to IC for lightening the burden as it is enshrined by the article 11 (4) of 1969 OAU Refugee Convention and 1951 UN Refugee Convention.

Otherwise, cycles of return and flight are inevitable if sustainability and voluntariness as central pillars of return programs are scarified in the cause of political reckoning and of garnering short term increases in the number of returnees.
Furthermore, one of the ways to ensure the protection of blokes against militarily backed dictatorship, against fanatical discriminatory politics and against refoulement; is that the flight of a certain percentage of Rwandan, who managed to escape the RPF iron fist, should give the UNHCR as well as the IC the right and duty to intervene for support of Rwandan refugees.

REPORT ON THE OUTCOME OF THE 14TH JULY REFOULEMENT OF RWANDAN REFUGEE IN NAKIVALE REFUGEE CAMP.

I. List of people killed during the refoulement of Rwandan refugees.

Names Age
(Years) Status Ration Card Number Cause of death
1. NDAHIRO Aloys 35 Refugee 132 146 Strangled by Rwandan agents
2. MUKANGARAMBE
Mélanie 25 Asylum seeker - Shot dead by a policeman
3. MUGENZI 28 Refugee 131 895 Shot dead by police
4. MUTUYIMANA Agnes 32 Asylum seeker - disenwombed
5. MUHIRE 30 Asylum seeker - Jumping off the truck
6. MUKESHIMANA 6 Asylum seeker - Flattened during the stampede
7. MUTONI 3 Asylum seeker - Flattened by the crowd
9. NYIRAKAMANA Cécile Refugee 128 782 Died of injuries
10. MUKAMANA ( with her
two children) Asylum seeker - Died of police beatings when she was trying to rescue her kids from the stampeded crowd
11. MUGISHA Silas Asylum seeker - Shot by police in the neck and waist
12. KANAMUGIRE Jean Paul Asylum seeker - Died of injuries caused by police beatings
13. DUSINGIZIMANA
Pacifique Asylum seeker - Jumping off the truck
14. KIMONYO Asylum seeker - Genitals amputated by the barbed wire

NOTE: The above list is an evidence to dismiss the official versions which claimed that
only two (2) people died trying to leap from the trucks.

II. Burial places and time of some people killed during the refoulement.

• In the night of 14th July 2010, policemen buried two (2) bodies of adults and four (4) bodies of children in presence of Commandant Festo WAFUTA. The burial took place at RUHITA (between Isangano and Gityaza Zones). The bodies were lumped in plastic sheeting;
• On 15th July 2010, an OPM staff member, KIZA Samuel, brought two (2) bodies with an ambulance from MBARARA Hospital and impelled Burundian and Congolese refugees to burry the bodies in JURU II Zone;
• On 16 July 2010, three (3) bodies were buried in the valley of RUHOKO-KABWEERA under the surveillance of commandant Festo WAFUTA ;
• On 17th July 2010, two (2) bodies was buried at KABAZANA Zone by Burundian and Congolese refugees after that police and camp authorities threatened to inflict to them similar mistreatments as Rwandans if they would refuse to;
• One (1) body was buried in the cemetery of KABAHINDA C Zone

III. Some of the Separated families.

Repatriated Remaining
1. HABARUREMA Innocent (Husband) MUKARUHIRE Josée (Wife) with 6 kids
2. NSENGIYUMVA Yohana (Husband) KAMPIRE Pierrine (Wife) with 5 kids
3. MUKANDAYISABA Emmelite (Wife) HABINEZA François (Husband)
4. TUYISABE Claudine (Wife) MINANI Jean Bosco (Husband)
5. BIGIRIMANA Emmanuel (Husband) MUKANDAYISHIMIYE Claudine
6. NIBAGWIRE Alice MBARAGA Etienne

IV. Some people who were forcibly repatriated where as they were granted refugee
status.

Names Ration Card Number
1. NKURUNZIZA Donat 125 760
2. NSABIMANA Augustin 358 239
3. NYIRARUKUNDO Zawadi 361 040
4. NIRERE Valentine 118 192
5. SIBOMANA Pierre 125 745
6. MUKANDANDA UWIMANA 128 431
7. BAZIRAMWABO Télésphore 402 233
8. MUSABYIMANA Odette 120 702
9. NKURUNZIZA Bosco 408 042
10. HABIYAREMYE Télésphore 402 234
11. NGABONZIZA Augustin 356 843
12. HAKIZIMANA Pierre 128 744
13. MUKARUNKUNDO 126 321
14. NZARAMBA Alphonse 121 247
15. NDIKURYAYO Simon 121 804
16. NZABANDORA Aloys 128 782
17. MUKARUGAMBA 410 911

NOTE: The UNHCR and Government of Uganda (GoU) have always denied that
recognized refugees were among people who were forcefully repatriated.

V. Children who were forcefully repatriated to Rwanda leaving their parents in
Uganda.

Child Age (Years) Parent (Mother or Father)
1. UWAMAHORO Ester 8 UWIZEYIMANA Anastase
2. BAHATI 4 HABYARIMANA
3. BYAMUNGU Innocent 7 SAGAHUTU Damascène
4. MIKANDAYISABA Josée 11 SIBOMANA Gilbert
BIZIMUNGU Mark 5 KIMONYO Syprien

VI. Children whose parents were forcefully repatriated.

Names Age ( Years) Zone
1. KAMANAViateur 13 Isangano
2. KAMANZI 8 Isangano
3. MUKAMANA 5 Isangano
4. KARASANYI 3 Isangano
5. TUYISENGE Emmanuel 1 & ½ Isangano
6. TUMUKUNDE Francine 7 Isangano
7. GARUKURORE Léolantine 8 Isangano
8. MUKAGAKWAYA Jidiya 17 Isangano
9. HARINDIMANA 4 Isangano
10. UWINEZA Joselyne 3 Isangano
11. SIBOMANA Aimable 13 Juru I
12. NYIRANSABIMANA Espérence 12 Juru I
13. KOBWA 7 Juru I
14. NSHIMIYIMANA Daniel 9 Juru I
15. IHIGUKUNZE Antonia 2 Juru I
16. NDIKUBWIMANA Céléstin 16 Juru I
17. NTEZIRYAYO Jean Claude 17 Juru I
18. NSHIMIYIMANA Innocent 6 Juru I
19. WARAMBA Sylivie 4 Juru I
20. UGIRIWABO Gratia 14 Juru I
21. MARIMA Sophia 12 Juru I
22. HABIMANA Zakayo 10 Juru I
23. SHUKURU 3 Juru I
24. KEMIREMBE 2 Juru I
25. MBYARIYEHE Gilbert 16 Juru I
26. UZABAKIRIHO Emmanuel 10 Juru I
27. KAREGEYA 1 Juru I
28. TANGA 1 & 2/3 Juru I
29. SADIKI Bosco 8 Juru I
30. NSHIMIYIMANA Moses 10 Juru I
31. UWIZEYIMANA 17 Juru I
32. NDAYISENGA Salima 14 Juru II
33. SUDI 1 & ½ Juru II
34. ISHIMWE GIHOZO 17 Juru II
35. BAHIZI Fils Jean Pierre 14 Kigali
36. TWINEOMUJUNI 6 Mayanja
37. RUBOTI 4 & ½ Mayanja
38. KADUSABE 3 Mayanja
39. MUHOZA 1 & ½ Mayanja

NOTE: Minister Tarsis KABWEGYERE admitted that only four children were
separated from their parents. And, no effort has been apparently driven to
arrange family reunification.

NOTE: It needs more meticulous investigation with the accord of the government of
Uganda, because the garnering of this information has been carried out
clandestinely. The Ugandan authorities have menaced and intimidated any
refugees who would divulge the reality and the journalists were restricted access
to place.

This report is for the case of NAKIVALE Refugee Camp. And there are some zones that were not covered because of lack of financial means. And, we were avoiding any danger that could occur by drawing the attention of Ugandan authorities.

I am projecting to go for collection of data in KYAKA II Refugee Camp also.