The applicability of the principle of Non-Refoulement in refugee treatment in Rwanda
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Date
2011-10
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Kampala International University, School of Law
Abstract
The study set out to assess the applicability of the principle of non-refoulement
in refugee treatment in Rwanda. This was guided by specific research objectives, which
were thematically formulated around issues pertinent to refugee operation and rights
such as: Rwanda’s legal and policy framework for dealing with refugees; standard of
treatment accorded to refugees; refugee safety in post conflict Rwanda; the role of the
international community in responsibility sharing in refugee operations, and better
practice.
To examine these issues, mainly qualitative methods were applied for data
collection, presentation, analysis and interpretation. Particularly, the study employed a
hermeneutic or interpretive inquiry based-on documentary review for data collection.
The data collected was analysed and presented in form of a written report using
qualitative or interpretive analysis techniques such as open and axial coding processes.
Accordingly, the study reveals that Rwanda’s Legal framework and policy for
refugees are not enabling enough for considerate treatment of refuges in conformity
with international and regional expectations. Notwithstanding some positive gestures in
refugee operations, refoulement practices in the post conflict Rwanda despite increasing
stable peace have become a tradition rather than an exception. Failure of the domestic
legal and administrative systems to guarantee respect of international standards makes
the post conflict Rwanda not safe enough for refugees and indirectly accountable for
the sporadic refugee treatment practices. The contribution of the international
community to refugee operation in Rwanda cannot be underrated, given its support
especially through multinational organisations and institutions like the UNHCR and WFP,
but there is still need for more considering the refugee situation in the Great Lakes
region and Rwanda in particular.
It was deduced; overall no single excuse outlives the fundamental right of a
refugee to non-refoulement Rwanda, UNHCR and the international community at large
have a crystal-clear responsibility to ensure that under no circumstances should refugee
rights be jeopardized.
It was observed that the interests of Rwanda as a sovereign state and host country can
be harmonized with the rights of refugees much better buy adopting the doctrine of
cessation.
Description
A Thesis Presented to the School of Post Graduate and Research of Kampala International University, Uganda in Partial Fulfillment of the Requirements for the Degree of Master of Laws
Keywords
Applicability, Non-Refoulement, Refugee treatment, Rwanda