International Journal of Refugee Law
Volume 29, Issue 3, 2017, Pages 417-437
Bringing Rwandan refugees 'home': The cessation clause, statelessness, and forced repatriation (Article)
Kingston L.N.*
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a
Institute for Human Rights and Humanitarian Studies, Webster University, Saint Louis, MO, United States
Abstract
Rwanda and the United Nations High Commissioner for Refugees (UNHCR) contend that the genocidal violence and harsh repression that forced thousands of Rwandans to flee their country between 1959 and 1998 have ended, making Rwanda safe for return. The UNHCR-invoked cessation clause came into effect in 2013 as part of renewed attempts to bring refugees 'home' from neighbouring countries, despite reports of increasing Statesanctioned persecution in Rwanda and beyond. Although UNHCR has commended the government for its efforts to repatriate Rwandan nationals, critics argue that this process of bringing refugees 'home' includes forced repatriation and denationalization. Refugees who do not return to Rwanda risk the consequences of de facto statelessness (the inability to enjoy the benefits associated with legal nationality) outside their country of origin, while political dissidents abroad face de jure statelessness (lack of legal nationality in any country) as punishment for criticizing President Paul Kagame and the Rwandan Patriotic Front ruling political party. This article argues that human rights protection - including protecting the 'right to a nationality' and preventing statelessness - must be of central concern. It is imperative that the international community presses for the development of genuine respect for human rights and democracy in Rwanda, and also considers the complexities of refugee repatriation in the context of Rwandan identity- and nation-building. © The Author (2017). Published by Oxford University Press. All rights reserved.
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Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85041489303&doi=10.1093%2fijrl%2feex030&partnerID=40&md5=55f34559e1691716cc407cacb11d839f
DOI: 10.1093/ijrl/eex030
ISSN: 09538186
Cited by: 2
Original Language: English