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The government of Burundi should increase the capacity of the land commission, consider how to incorporate locally developed conflict resolution mechanisms, and legislate a solution to the 1972 cases of state land redistribution.
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The government of Burundi should invest in expanding basic services, livelihood creation and long-term economic development programs in areas of high returns.
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Donor countries should provide greater technical assistance to decentralized state structures and maintain funding levels for recovery activities.
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UNHCR should work closely with the government of Burundi to facilitate the social cohesion and the creation of community structures within the ‘peace villages’ program.
Burundi is facing enormous challenges reintegrating thousands of
refugees who spent decades in exile. To ensure long-term stability, the
government of Burundi should address more vigorously land and property
disputes between returnees and residents, and donor countries should
strengthen local government bodies and help them boost services and
livelihood opportunities for returnees.
A Complex Return Process
More than 420,000 Burundians who had fled successive conflicts for
refuge in Tanzania have been returning home since January 2002. Many of
those who returned in recent months were under pressure to do so from
the government of Tanzania despite clear signs that the government of
Burundi was not ready to rapidly absorb all the returnees. Recent
arrivals are among the most vulnerable and are less self sufficient in
comparison to those who returned to Burundi earlier. As an indication
of growing mistrust of the return process, hundreds of refugees who had
registered for repatriation with the Office of the UN High Commissioner
for Refugees (UNHCR) “disappeared” between January and June 2008.
There are four categories of returnees who receive and require
varying degrees of assistance. First, those who fled to Tanzania in
1972, when civil war broke out in Burundi, receive a small $45 cash
allowance when they return and are allowed to carry up to 100 kg of
luggage per person. Out of 72,700 Burundians who have returned in 2008,
some 15,000 are part of the 1972 caseload; in total some 45,000 people
from the 1972 group are expected to return by next year. Second,
refugees who fled a later conflict in 1993 are considered to be less
self-sufficient, and therefore receive a six-month food package, other
supplies, and the $45 cash allowance.
A third category consists of spontaneous returnees who decided to
return home because they feared being forcibly expelled or hoped to
recover their land and property in a newly peaceful Burundi. During
their journey back, many people suffered harassment and extortion from
border forces, including rape of women and girls. Finally, people who
were not legally refugees were forcibly expelled from Tanzania.
Initially invited by the Tanzanian authorities to register, with the
hope of integrating locally, they were later expelled from the country
without notice or time to recover their belongings or documentation.
The most vulnerable among these two categories of people do receive
assistance upon return in a very random manner.
Problems with Reintegration
Under Tanzanian government pressure, the Burundian authorities
have been visiting camps in Tanzania and promising that people will be
provided land and assistance if they return. However, the current level
of effort by the government and other actors is not sufficient. The
difficulty starts during the return process. Transit sites are
overcrowded, notably Mabanda, which Refugees International recently
visited. It is supposed to process a thousand people in two to three
days, but instead families have been stuck there for more than two
months. Six hundred people are permanently living in the center, while
convoys of hundreds of people pass through it weekly.
People are delayed in the transit centers because they are
unable to access their original land and homes. In many regions of
Burundi, especially the southern provinces of Bururi and Makamba, the
previous government encouraged people from other regions to settle
areas left vacant. Thus, while those who fled in 1993 have had more
success in accessing their land and homes, others, especially those who
fled in 1972, have found them occupied. Returnees who have identified
their property and cannot recover it are camping under the open sky or
occupying public buildings (schools, municipal offices) while waiting
for a resolution. Site congestion and anarchic settling of families are
leaving people more vulnerable to epidemics and security incidents.
Reinforce the Land Commission and Take Political Steps
The government is addressing the land issue through a commission
mandated to help returnees recover their land or to relocate them
elsewhere. Resolving cases is challenging due to the overall land
shortage and the reality that for most Burundians, land is the primary
economic resource, as well as a form of cultural wealth, because the
family plot is viewed as the symbol of ethnic and family identity.
The number of land disputes is overwhelming the commission. In
Macamba, for example, the provincial land commission receives between
20 to 50 cases per week, but only 5 to 10 are adjudicated. Further, the
commission does not have the final decision because its proposed
solutions can be challenged in court. This is resulting in congestion
in the justice system, as some 70% of cases are related to land
disputes. Specific legislation is needed to resolve at least those land
disputes resulting from the post-1972 government decision to
redistribute land belonging to those who had fled.
The government has decided to build new villages for the most
vulnerable returnees who are unable to regain their previous property
and for a small portion of vulnerable households who are still
displaced internally. Refugees International visited the Muriza ‘peace
village’ in Ruyigi province, where 98 houses have been constructed to
host women-headed households. In order to avoid past errors, the
village is being built close to public services, like schools, health
centers, and water sources, and each family is provided with
agricultural land. According to local officials, this village will be
administratively structured like other villages in the country, but
creating villages solely of vulnerable people raises questions as to
their economic viability.
Livelihoods and Education
Government and donor-supported programs need to plan greater
agricultural opportunities as well as other types of livelihood
activities. However, the current reintegration effort is focusing on
providing land and creating agricultural livelihoods for the returnees
with limited consideration of other options. Many former refugees,
especially those born in the camps in Tanzania, are looking forward to
using other skills through micro-credit or other livelihood programs,
but these programs are not yet available. Livelihood programs must
reflect that farming is not always the preferred option for returning
refugees.
Education is supposed to be free at the primary level and for
the first two years of secondary schooling. Yet, schools are
overcrowded and returnee children who do not pay are not admitted.
Primary school teachers are not being trained for the schools that are
being built, and donors are not funding secondary education. The
enrollment rate for returnee girls is lower than that for other girls.
It is worrisome that some children and youngsters among the returnees
are dropping out of school to join the rebel military group National
Liberation Front (FNL) in order to access demobilization benefits.
Developing economic opportunities for youth needs to be a priority.
Burundi is facing obstacles to reintegration that are typical
of situations of large-scale return. While living for years in refugee
camps, many returnees became dependent on external support, and they
now are finding it challenging to provide for themselves. Additionally,
some tensions are arising between returnees, internally displaced
people and residents since the two latter groups, who are also
vulnerable, are not being assisted. To prevent mounting tensions, it is
crucial that the return process benefit entire communities as well as
their most vulnerable members.
Advocate Mpako Foaleng and Senior Advocate Andrea Lari assessed the situation for returnees in Burundi in August.