Refugees & forced migration

African Refugees Speaking Out Face Persecution

2001-04-30, Issue 19

http://pambazuka.org/en/category/refugees/749

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Voices in Exile shows how the rights of refugees in Africa to freedom of expression and information are not adequately safeguarded by the UN and OAU Conventions and are often overridden by political or practical considerations. It cites examples of national authorities and UNHCR limiting refugees' expression or punishing them for speaking out, but also emphasizes the increasingly active role being played by African NGOs in supporting refugee rights.

Publication date: 24 April 2001

Voices in Exile1 shows how the rights of refugees in Africa to freedom of
expression and information are not adequately safeguarded by the UN and OAU
Conventions2,3 and are often overridden by political or practical
considerations. It cites examples of national authorities and UNHCR limiting
refugees' expression or punishing them for speaking out, but also emphasizes
the increasingly active role being played by African NGOs in supporting
refugee rights. The study looks at refugee law, policies and practice in
Kenya, Liberia, Malawi, South Africa, Tanzania, Zaire/DRC and Zimbabwe.

The report identifies a number of problems with the practice governments and
international agencies when it comes to refugees exercising their rights to
free expression. It calls for a systematic and proactive approach to be
taken by governments and international agencies to providing refugees with
information - an approach which should include the active participation of
refugees themselves. There is also an urgent need to base policy and
practice relating to refugees on an explicit acceptance that individuals
retain fundamental rights guaranteed under international law.

Africa's unique solution to the problem of large numbers of refugees is
collective determination of their status which has, in practice, meant that
refugees are housed in, and often confined to, camps. While such camps may
be a convenient means for managing large refugee populations they make it
easier for authorities to restrict various rights, including freedom of
movement and expression,4 and for pre-existing (often repressive) power
structures to be preserved.5

Laws on "hate speech", "subversion" and "public order" are used to limit
expression for refugees, particularly on political matters.6 Selective and
highly politicized application of such limitations may have far-reaching
consequences. For example the Kenyan and Ugandan authorities actively
support and encourage the activities of the Sudan People's Liberation Army
(SPLA).7 On the other hand, refugees have been expelled from Zimbabwe on the
basis of such provisions simply for expressing views against the host
country or their country of origin.

Voices in Exile describes the threat which refugee media can be perceived as
posing to both host and home country governments. It sets out how
refugee-run Radio Kwizera in Tanzania was taken over in 1996 by the
Tanzanian army, who used it to help with forced repatriation; and how Radio
Burundi attempts to jam it.

ARTICLE 19 also notes examples of UNHCR failing refugees and even actively
punishing those who criticize officials or speak out on controversial
matters. For example:
* The refugee status of a group of Congolese refugees in Tanzania was
withdrawn in 1998 after their harsh criticism of UNHCR.
* An Ethiopian refugee in Kenya was punished after being accused of
instigating violence by organizing a human rights seminar.
* UNHCR headquarters refers complaints directly back to the individual
or office the complaint has been made against, leading to unpleasant
consequences for those already vulnerable
* independent access to camps is difficult to gain due to obstruction
by officials.8

ENDS

For more information contact Jon Lunn on +44 20 7278 9292 or e-mail
press@article19.org

Notes

1. Voices in Exile: African Refugees and Freedom of Expression, ARTICLE
19, April 2001.
2. 1951 UN Convention Relating to the Status of Refugees;
3. 1969 OAU Convention Governing the Specific Aspects of Refugee
Problems in Africa.
4. Under the Tanzanian Refugee Act no person other than the 'competent
authority', or someone designated by them, may address a public gathering of
more than five asylum seekers or refugees.
5. The report suggests that the continuing war in the Democratic
Republic of Congo can be directly traced back to the inadequate response to
the refugee influx of 1994: as a result of the failure to disarm and
separate the armed forces and militias, not of there being 'too much'
freedom of expression, by way of radio broadcasts, in the refugee camps.
6. Such legislation is backed by an unfortunately over-broad provision
in the OAU convention which restricts "subversive activities", including
"attacking" any OAU member state "through the press, or by radio". ARTICLE
19 advocates a careful interpretation: it is unacceptable to suppress views
because the national government or international agencies find them
unacceptable.
7. Including forced recruitment and military training of minors.
8. In the course of researching the report, a UNHCR official refused an
ARTICLE 19 representative entry to Kibondo refugee camp in Tanzania, despite
the fact that he held a government permit to visit, citing "lack of
clearance" from UNHCR.


Reply to:

Ilana Cravitz, Communications Co-ordinator
ilana@article19.org

Direct line: +44 20 7239 1199

ARTICLE 19, Global Campaign for Free Expression
Lancaster House, 33 Islington High Street, London N1 9LH, UK

Tel: +44 20 7278 9292, Fax: +44 20 7713 1356, e-mail: info@article19.org,
www.article19.org

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