Security in Refugee Movements

Policy Development and Advocacy

The initial findings of the project revealed that lack of clarity about legal issues was clearly an obstacle to applying exclusion in some circumstances. For example, despite serious concerns that some individuals might have been involved in heinous crimes, Tanzanian authorities felt unable to return them to Rwanda where they faced prolonged pre-trial detention in harsh conditions, unfair trials and ultimately the death penalty. With no other means of extending protection to non-citizens the government granted them status as refugees.

In other circumstances, a lack of resources for the exclusion inquiry formed the chief obstacle to conducting effective exclusion proceedings. This was the case in the Central African Republic, where the government demanded that 1,100 refugees be screened in only two weeks. Although this schedule was recognized to be impossible, and the time frame extended, the pressure on screeners to complete the screening quickly remained intense. As a result, the screeners based their decisions primarily on their assessments of the credibility of applicants during a short interview, and not on in-depth fact-based individual investigations.

Whatever the problems with the screenings studied, all were conducted years after the initial flight from Rwanda. They also focused on smaller numbers of Rwandans than initially fled to Zaire and were conducted in areas with greater stability. It was recognized that to prevent a repetition of the crisis in Zaire exclusion would have to be framed as only one element on a spectrum of options available to governments seeking to ensure security in situations of mass influx.

To this end, Human Rights First extended the scope of its investigations to examine other strategies for managing the security risks associated with mass population movements. Some of the options available are relatively simple to implement, for example, limiting the size of refugee camps and locating them at a distance from volatile border areas. Other options require more complex operations. The separation of individuals who may threaten the security of the refugee settlement or who may be active combatants from the general refugee population is one such challenge. There is an urgent need to define the conditions under which such actions are permissible and the procedural safeguards which apply.

The findings of this broader research are reflected in the report Refugees, Rebels and the Quest for Justice. The report reviews selected national experiences in the face of massive population influxes comprised of both refugees and armed elements in the Great Lakes Region and in West Africa. Drawing on the observations of those two crises, and other situations where relevant, a framework is advanced for an effective international response to the challenges of providing security in mass population movements. We reflect on the roles which various international organizations can play in ensuring refugee security and the methods which can be used to ensure that these organizations cooperate more closely together. The report also tackles the dilemma’s facing a State who decides to exclude an individual. What are other obstacles may bar return? What prosecution strategies are available in such a circumstance?

Finally, the book contains an Agenda for Action, which calls on a number of international actors to expand their roles in ensuring security for refugees. It also focuses on the urgent need for internationally agreed standards for the application of the exclusion clauses.

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