Annex IV

Report of Committee IV

Chapter I
Rehabilitation and Resettlement of Refugees and Sinistrés

1.1 Introduction and definitions

1.1.1 Introduction

The Burundi conflict is political and ethnic in nature. It has major consequences in humanitarian terms. The victims of the conflict are above all part of the civilian population, more than 15 per cent of which are "displaced" and continue to live away from their homes. This situation has enormous repercussions in psychological as well as social and economic terms.

1.1.2 Definitions

1.1.2.1 Refugees

The 1951 Convention relative to the Status of Refugees and the 1966 Additional Protocol define a refugee as a person "who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country."

The Organization of African Unity (OAU) Convention governing the Specific Aspects of Refugee Problems in Africa, for its part, defines as a refugee "every person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to it."

The same Convention adds that the term "refugee" shall also apply to "every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality."

Given that there are refugees who are no longer in their first country of asylum, Committee IV is in agreement that these persons should receive the same treatment as Burundian refugees who return to Burundi, and the National Commission for the Rehabilitation of Sinistrés (see 1.4.) will decide on a case-by-case basis.

1.1.2.2 Sinistrés: displaced, regrouped, and dispersed persons and returnees

According to the United Nations, "internally displaced persons are persons or groups of persons who have been forced or obliged to flee or to leave their homes or places of habitual residence, in particular as a result of or in order to avoid the effects of armed conflict, situations of generalized violence, violations of human rights or natural or man-made disasters, and who have not crossed an internationally recognized State border."¹

In Burundi, displaced, regrouped and dispersed persons are people who have remained within the national borders and are living away from their homes in camps, sites or other places of refuge. Insecurity is one of the main reasons that led these categories of people to leave their homes.

In Burundi, the term "sinistrés" designates all displaced, regrouped, and dispersed persons and returnees.

1.2 Rehabilitation and resettlement of refugees

1.2.1 Statistics²

1. Estimated number of Burundian refugees in neighbouring countries as at 30 April 2000³
   
   

	Region	Population	Survey period	Observation
The United Republic of Tanzania	Ngara	94 393	10/04/2000	New arrivals
	Kigoma-Kibondo-Kasulu	264 199	26/04/2000	Arrived between 1993-2000 from Burundi, and between 1996-1997 from DRC
	Subtotal	340 542	30/04/2000
	NB: In addition to these 340,592 in The United Republic of Tanzania must be added about 200 000 people who left in the 1970s but have not been receiving UNHCR assistance since 198??.
Rwanda	Gikongoro (Kigeme camp)	457	July 1999	Old and new
	Urban centres	750	July 1999
	Subtotal	1 207
Kenya	Kakuma camp	143	31/07/1998	New
Congo-Brazzaville	Various sites		31/07/1998	Old and new
RDC	Kivu	20 000	31/12/1998	Old and new
Zambia		1 164	31/12/1998
Angola		150	31/07/1998
Malawi		200	31/07/1998
Cameroon		270	31/07/1998
TOTAL		364 000




2. Returnees from October 1996 to end June 2000 by province and entry post
   
   

Entry post PROVINCE	KOBERO (Muyinga Province)	GISURU (Ruyigi Province)	GATUMBA (Bujumbura Province)	CIBITOKE (Cibitoke Province)	TOTAL
Bubanza	6	18	15 000	75	15 099
Bujumbura Town	20	92	23 531	77	23 720
Bujumbura Rural	8	151	11 628	39	11 826
Bururi	13	93	207	16	329
Cankuzo	105	3 245	0	0	3 350
Cibitoke	7	116	57 099	7 071	64 293
Gitega	13	195	288	9	505
Karuzi	396	124	49	4	573
Kayanza	913	293	1 959	29	3 194
Kirundo	6 129	398	2 807	11	9 345
Makamba	0	186	47	0	233
Muramvya	2	57	206	1	266
Mwaro	0	3	106	7	116
Muyinga	29 676	645	146	6	30 473
Ngozi	2 010	360	1 423	27	3 440
Rutana	1	258	7	0	266
Ruyigi	98	49 791	332	0	50 221
TOTAL	39 017	56 025	114 835	7 372	217 249

The total number of returnees between October 1996 and the end of June 2000 amounts to 217,249, but it should be noted that there have been fairly sizeable influxes and outflows. Thus this figure does not indicate the real number of returnees.

1.2.2 Principles

1. All Burundian refugees must be able to return to their country. This is the right of return.
   
   
2. Return must be voluntary and must take place in dignity with guaranteed security, and taking into account the particular vulnerability of women and children.
   
   
3. The reception mechanisms must be put in place in advance of the return.
   
   
4. Once they return, refugees must have their rights as citizens restored and recover their property in accordance with law and with the regulations in force in Burundi following the entry into force of the Peace Agreement.
   
   
5. In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity, including gender equity, must be strictly applied in order to avoid any measure or treatment that discriminates against or favours one category as compared with another.

1.2.3 International conventions and national regulations

The reference texts relating to the situation of refugees are the following:

1. At the international level there are three texts:
   
   
   • The Convention relative to the Status of Refugees of 1951;
     
     
   • The Protocol relative to the Status of Refugees of 18 November 1966;
     
     
   • The OAU Convention of 10 September 1969 governing Aspects Specific to Refugee Problems in Africa;
     
     

   These texts have been ratified by Burundi and must be respected by all signatory countries;

2. At the national level, the only reference text is Legislative Decree No. 1/19 of 30 June 1997 on the restoration of the rights of persons who left Burundi following the events of 1972 and 1973, which was replaced by Legislative Decree No. 1/01 of 22 January 1991.

1.2.4 International refugee support programmes

Responsibility for the protection of refugees rests with the Office of the United Nations High Commissioner for Refugees (UNHCR) and the country of asylum. In the case of the Burundian refugees, The United Republic of Tanzania is the country most concerned, because it houses the largest number of them.

UNHCR is meeting the essential needs of the refugees with the support of other United Nations organizations and of local or international non-governmental organizations (NGOs). Most of these organizations are financed by multilateral or bilateral donors.

1.2.5 Responsibility of the Government of Burundi

The Government of Burundi undertakes to resettle and reintegrate the returnees with the support of other countries, international organizations and NGOs.

1.2.6 The old caseload refugees and the situation in the new camps in the United Republic of Tanzania

The number of Burundian refugees living in the United Republic of Tanzania since 1972 is estimated at about 200,000. They were settled in the Mishamo, Katumba or Ulyankulu camps.

Even though they are able to meet their own needs, inter alia by farming land made available to them by the host country, the main concern of these refugees is to be able to return home. UNHCR is no longer providing assistance to this category of refugees, but it remains responsible for their protection. The administrative responsibility for them rests with the Tanzanian Government.

Because of their long absence from Burundi, the resettlement and reintegration of these refugees will call for a great deal of political will, inter alia with regard to recovery of the property they left behind, particularly their land. This issue will have to be properly resolved in order to avoid it becoming a source of new conflicts.

However, since 1994, other refugees from 1972 have left their countries of asylum to seek refuge in The United Republic of Tanzania. These refugees, as well as the refugees of the 1993 wave, have been temporarily settled in eight camps, namely Muyovozi, Mtabila, Nduta, Mukurwa, Mutenderi, Kanembwa, Lukole and Karago. They are surviving on the food ration provided by the World Food Programme (WFP). Their main concern is to return to Burundi as soon as a peace agreement has been signed.

Primary and secondary education is provided in the camps. The pupils follow courses under the Burundian curriculum.

1.3 Rehabilitation and resettlement of sinistrés

1.3.1 Statistics

According to data from the Office for the Coordination of Humanitarian Affairs (OCHA), the total number of displaced and regrouped persons in Burundi at all sites is 371,161, 12 per cent of them Bujumbura Rural, 14 per cent in Bubanza, 24 per cent in Bururi and 33 per cent in Makamba.⁴

Of these persons, it is estimated that 650,000 wish to return and will be able to recover their former property once security has improved and is guaranteed. The remainder, however, feel that they would be unable to recover their property for fear of finding themselves ethnically isolated or becoming victims of acts of violence. One of the solutions for them would be for the Government to settle them on new land.

The statistics on dispersed persons are not well known because of their high degree of mobility.

1.3.2 Principles

1. All sinistrés wishing to do so must be able to return.
   
   
2. For displaced and regrouped persons who are in camps or at sites, the principle of equity must be strictly applied in order to avoid any measure or treatment that discriminates or favours one category as compared with another.
   
   
3. Specific conditions must apply to the sinistrés who believe that they can no longer return to their property, so as to enable them to return to normal socio-professional life.
   
   
4. The restoration of security will permit a massive return of people to their land.

1.3.3 International and national regulations

There are no specific international or national laws that protect displaced persons. However, there are certain texts that govern their fundamental rights, namely:

1. The Universal Declaration of Human Rights;
   
   
2. The International Covenant on Civil and Political Rights;
   
   
3. The International Covenant on Economic, Social and Cultural Rights;
   
   
4. The Geneva Conventions relating to humanitarian law;
   
   
5. National legislation, such as the Constitution, the Criminal Code, etc.

The instruments mentioned have been ratified by Burundi. More specifically, the United Nations has drawn up "Guiding Principles on Internal Displacement", but this text is not part of international law.

1.4 Actions relating to refugees and to sinistrés

The following actions shall be taken in relation to refugees and sinistrés:

A National Commission for the Rehabilitation of Sinistrés (CNRS) will be created. It will have administrative and financial autonomy and will replace the National Repatriation Commission established by Legislative Decree No. 1/01 of 12 January 1991. The new commission will deal with the problems of all sinistrés. It will have the mandate of organizing and co-ordinating, with international organizations and asylum countries, the return of refugees and sinistrés. It will help them resettle and reintegrate and deal with all the other issues as set out in the following list of measures (1.4.2).

A sub-commission will be established with the specific mandate of dealing with land-related issues (see mandate, 1.4.3.3.(j)).

In the return of the refugees and the resettlement and reintegration of the returnees and displaced and regrouped persons, the principle of equity must be strictly applied in order to avoid any measure or treatment that discriminates against or favours one category as compared with another.

1.4.1 Preparatory actions for the settlement and reintegration of refugees

1. UNHCR is requested to update the standard gender and age disaggregated census in the new camps. The Ministry of Internal Affairs of the Republic of The United Republic of Tanzania, with the support of UNHCR, is requested to organize, in the settlements of the old caseload refugees, a more specific census designed to identify the wishes and complaints of the refugees in these camps with respect to recovery of their abandoned land or alternative measures. This work will be supplemented on the one hand by visits to the settlements and on the other hand by seminars and conferences in which representatives of refugees will participate.
   
   
2. UNHCR and the partner NGOs should provide for and organize information sessions for the refugees before and after the signing of the Agreement, so as to give them a good picture of developments in the political situation in Burundi in general, and of the state of advancement or implementation of the results of the Arusha negotiations in particular.
   
   
3. UNHCR and the Government of Burundi should organize and enable refugees to undertake travel to Burundi, if it is regarded as necessary, so that they can see on the spot the prevailing situation and the reception mechanisms, in order to help them decide definitively on their return.
   
   
4. The Tripartite Commission will have to meet, and include representatives of the refugees and international observers, in order to engage in transparent deliberations and take into account the refugees' fears or complaints. (Action: UNHCR/GOB/GOT)

1.4.2 Actions for the resettlement and reintegration of refugees and sinistrés

The following actions to resettle and reintegrate refugees and sinistrés shall be taken. These actions will be decided upon by the National Commission for the Rehabilitation of Sinistrés, taking into account a framework of priorities and the availability of resources.

Preparatory actions specifically targeting all sinistrés:

1. Multidimensional census of sinistrés (Action: National Commission for the Rehabilitation of Sinistrés / OCHA);
   
   
2. Information and awareness campaigns on the mechanisms for peaceful coexistence and on return to their collines of origin (Action: all organizations involved in the return);
   
   
3. Organization of visits to places of origin with a view to psychological preparation for the return of all sinistrés, and in order to encourage mutual acceptance;
   
   
4. Settlement, on sites close to home, of all those who for various reasons believe that they can not yet return home, in order to enable them initially to work their fields and then reoccupy their land later on;
   
   
5. Specific measures, particularly through a good reintegration policy, to encourage people who abandoned their property because of the crisis and the war to return to their regions of origin, so that in the short, medium or long term there will no longer be anyone living in camps.

   Reconstruction principles:

6. To the extent possible, encourage "grouped" housing in the reconstruction policy in order to free up cultivable land. Rural regions must be urbanized by creating multi-ethnic small towns or villages which will become development and attraction poles and will ease the pressure on land;
   
   
7. Ensure equity in the distribution of resources between the ethnic groups on the one hand and the provinces on the other, and avoid overlap between the various partners or participants by co-ordinating resettlement and reconstruction activities at the government level with the support of UNDP;
   
   
8. Promote participation of the population in the resettlement activities;
   
   
9. Help the returnees and other sinistrés to return to their properties.

   Material and infrastructure support:

10. Give all returning families, including female- and child-headed families, food assistance, material support and support for health, education, agriculture and reconstruction until they become self-sufficient (Responsibility of the Government, UNHCR and other international organizations);
    
    
11. Provide communes, villages and collines with assistance in the reconstruction of community infrastructures (schools, health centres, water supply networks or developed springs, etc) and income-generating activities (Action: National Commission for the Rehabilitation of Sinistrés), paying special attention to women and enhancing their roles in building and sustaining families and communities;

    Administrative support:

12. Ensure the socio-economic and administrative reintegration of the sinistrés through the conception of consequent and appropriate programmes and actions;
    
    
13. Assist the returnees in other important issues such as health care, psycho-social support, social security and retirement, education of children, and equivalency of diplomas awarded outside Burundi;

    Specifically:

14. Help returnees recover their property and bank accounts left in Burundi before their exile whose existence has been duly proven;
    
    
15. To help with language problems, intensive language courses will be offered;
    
    
16. Help persons entitled to the social security survivors' pension receive payment;
    
    
17. Returnees who paid social security in Burundi may claim their entitlements;

    Administrative issues relating to returnees in their country of asylum:

    The Government of Burundi or the CNRS will:

18. Help returnees settle their disputes in their country of asylum relating notably to immovable property, bank accounts, social security, etc;
    
    
19. In the context of agreements between countries or social security institutions, help those who were employed in the country of asylum receive social security benefits to which they are entitled in respect of such employment;
    
    
20. Assist pupils and students attending the two final years of primary, secondary and higher education and wishing to complete their studies in the host country;
    
    
21. Study ways of indemnifying and compensating returnees for property in the country of asylum they are unable to take with them, profit from or sell;
    
    
22. Analyse the case of refugees deciding to remain in their countries of asylum;
    
    
23. Depending on resource availability, any other measure falling within the framework of the plan of action could be undertaken.

In order to obtain assistance in conducting these actions, the Government must allow international organizations and international and local NGOs unrestricted access to returnees and other sinistrés for purposes of the delivery of humanitarian assistance. It must guarantee the safety of the staff of such organizations and must also facilitate the provision of short-term aid for repatriation, appropriately supervized and without discrimination.

1.4.3 Measures relating to the land issue

1.4.3.1 The context

With an area of 27,834km², Burundi has a relatively small territory in relation to its population of more than 6 million. The population density is over 200 inhabitants per km². The annual population growth rate is about 3 per cent, one of the highest in Africa, resulting in a doubling of the Burundian population every 20 years.

The population is strongly attached to its land, despite strong population pressure on rural land. The progressive dividing up of property, with an average agricultural holding size of 0.8 hectares per household, remains one of the most disturbing phenomena. In some regions of the country, the land is no longer sufficient to feed families, and accordingly an escalating struggle for land is taking place.

The population explosion and the absence of a cadastral survey system for rural land, together with the various disturbances (ethnic or other) that Burundi has experienced at different times in its history, exacerbate the problem of land disputes.

1.4.3.2 The problems

It is in this context that the problem of the 1972 refugees' land must be viewed. Following the tragedy in 1972, thousands of Burundians were compelled to leave their land and go into exile. Many of these properties have subsequently changed ownership. This redistribution of land was undertaken by the State out of concern for good utilization of a scarce resource. This was undertaken on the basis of laws that some have contested and qualified as unjust because they violate fundamental rights. The question thus arises of deciding between restoration of their property to returnees and protecting the rights acquired - subjectively often in good faith - by current owners. This will be one of the tasks of the Sub-Commission referred to in paragraph 1.4.3.3.(i) and (k).

There is also the case of the Regional Development Corporation in Rumonge, which in the name of the State took the property of private citizens and developed it in order to plant a new variety of palm tree. In this operation, the Corporation redistributed properties, giving each recipient in some cases one hectare and in some other cases four hectares. Those who previously had a larger area saw this as an injustice.

Some delegations assert that there are former landowners who have not been given land, whereas people who had no land have been given properties. Other delegations, on the other hand, believe that these are as yet unverified allegations.

In addition, the fair and prior indemnification promised to all persons whose land was expropriated has allegedly not been paid. Thus the refugees did not take part in this redistribution because they were still in exile, but that does not deprive them of the right to claim their land or their compensation at a later stage.

Lastly, and more recently, there is the problem of State-owned land, in relation to which irregularities and speculation have been observed. The allocation of State-owned land will henceforth have to take account of new needs relating to resettlement of sinistrés, to which priority must be assigned.

1.4.3.3 Principles and actions

To resolve this complex issue, the following principles and mechanisms have been decided upon:

1. Property rights shall be guaranteed for all men, women and children. Compensation, fair and equitable under the circumstances, shall be payable in case of expropriation, which shall be allowed only in the public interest and in accordance with the law which shall also set out the basis of compensation;
   
   
2. All refugees and/or sinistrés must be able to recover their property, including their land;
   
   
3. If recovery proves impossible, everyone with an entitlement must receive fair compensation and/or indemnification ⁵;
   
   
4. Refugees who do not return may receive a just and equitable indemnification if their land had been expropriated without prior indemnification and in contravention of the principle mentioned in 1.4.3.3.(a);
   
   
5. The policy with respect to distribution of State-owned land should be reviewed so that priority can be given to the resettlement of sinistrés;
   
   
6. An inventory of destroyed urban property shall be drawn up with a view to making it habitable in order to return it as a priority to the original owners or to redistribute it;
   
   
7. A series of measures shall be taken in order to avoid subsequent disputes over land, including the establishment of a register of rural land, the promulgation of a law on succession and, on a longer term, the conduct of a cadastral survey of rural land;
   
   
8. The policy of distribution or allocation of new lands should take account of the need for environmental protection and management of the country's water system through protection of forests;
   
   
9. Burundi's Land Act must be revised in order to adjust it to the current problems with respect to land management;
   
   
10. A Sub-Commission on Land will be established within the framework of the National Commission of Rehabilitation of sinistrés and will have the specific mandate of:
    
    
    1. Examining all cases of land owned by old caseload refugees and State-owned land;
       
       
    2. Examining disputed issues and allegations of abuse in the (re)distribution of land and ruling on each case in accordance with the above principles;
    
    
    The Sub-Commission on Land must, in the performance of its functions, ensure the equity, transparency and good sense of all its decisions. It must always remain aware of the fact that the objective is not only restoration of their property to returnees, but also reconciliation between the groups as well as peace in the country.
    
    

1.4.4 Managerial and administrative measures

1.4.4.1 Establishment of a national fund for sinistrés

This fund, whose establishment is obviously desirable, will derive its funding from the national budget and from grants by bilateral and multilateral aid agencies or assistance from NGOs.

1.4.4.2 Establishment of reception committees

These will be created where they do not yet exist, and will generally have to be better organized. They will necessarily include the local authorities, including commune administrators or their duly authorized representatives, security agents and other persons whose skills might be necessary.

The role of these committees shall be to receive and supervise all sinistrés returning to their homes, ensure their security and help them organize their socio-economic reintegration.

1.4.5 Other measures: protection, rehabilitation and advancement of vulnerable groups

The groups in question include among others children heads of family, orphans, street children, widows, women heads of family, unaccompanied minors, juvenile delinquents, the physically and mentally disabled as well as traumatized children.

The competent ministry needs to conduct a census of these groups and draw up special assistance programmes.

¹ OCHA, Guiding Principles on Internal Displacement. United Nations, New York, 1999, p.1.

² Data supplied by UNHCR, Burundi.

³ There are Burundian refugees in other countries, such as countries in Europe, North America and elsewhere in Africa, who are not counted in this table.

⁴ Statistics for August 2000 provided by OCHA-Burundi.

⁵ Four examples by way of illustration:

• A resident of Burundi owns more than one piece of land. A returnee claims one of these pieces of land. In this case, it would be more reasonable to request the former to vacate the land in question against possible compensation;
  
  
• A resident of Burundi with a large family farms a small piece of land which he acquired in good faith. A returnee claims this land. In this case, it would be more reasonable to ask the returnee to accept another piece of land in compensation;
  
  
• In the case of infrastructure construction undertaken in the public interest, the returnee cannot claim this land;
  
  
• In the case of the exploitation of land by the returnee's family, a "friendly" solution will be sought, keeping in mind, nevertheless, the necessity to ensure the subsistence of all those concerned.