VI. THE SITUATION OF THE OLD CASELOAD REFUGEES

Although Human Rights Watch believes that the Tanzanian government's policy of nationality-based round-ups and confinement of refugees in camps should be reversed in all cases, we are particularly concerned about the situation of old caseload Burundians who have suffered the greatest injustice. To entirely uproot these families-the bulk of whom have lived a lifetime peacefully in Tanzania without being a burden to the government or the international community-to strip them without compensation of their livelihoods and belongings acquired over twenty-five years, to separate their families, and to forcibly confine them to camps where they are now dependent on food rations, are particular injustices. There are strong humanitarian considerations to restore the old caseload refugees to their former status and regularize their stay in Tanzania based on the government's longstanding policy of integration.98 The unique history of this group gives the Tanzanian government a meaningful basis on which to distinguish the old-caseload Burundians and to restore them to their settlements or to alternate settlements if security considerations dictate.

Since the 1970s, this community of refugees reciprocated Tanzania's hospitality by being responsible, self-sufficient, and contributing members of the society that welcomed them. Most of the refugees interviewed by Human Rights Watch were in possession of receipts that indicated that they had been paying government taxes and community development contributions for many years-in some cases as long as twenty years. Some of them were in possession of membership cards of legal political parties in Tanzania. Some even had receipts showing annual contributions to the Tanzania African National Union (TANU), the former ruling party when Tanzania was a one party state prior to 1976. A U.N. representative who interviewed twelve village leaders confirmed this level of integration and noted that the village leaders had stated that Burundians were often at the forefront of village development activities and while it would take several reminders for Tanzanians to pay their taxes, it only took one announcement for Burundians in the village to honor their payments or render services.99 Their long-term participation in development and political activities indicates their complete integration as contributing members of Tanzanian society.

In most countries, voting is the hallmark of citizenship-the primary right that distinguishes citizens from aliens. Tanzania is no exception. Although the Tanzanian constitution reserves the right to vote to citizens (as do mostconstitutions), the possession of ruling party membership cards indicates that the old caseload Burundians participated in government elections and were accepted by the local authorities as being indistinguishable from citizens in all regards, many for over two decades. Having been granted and having lawfully exercised such a fundamental right, the old caseload Burundians have a meaningful basis on which to distinguish themselves from other Burundian residents.

Socially, this group of refugees has assimilated into Tanzanian society. Many of their adult children who have been born in Tanzania speak fluent Kiswahili and have never been to Burundi. Most refugees interviewed by Human Rights Watch spoke of the close and friendly relationships that they had established with their fellow villagers before the round-ups. Most had developed strong family and community ties with the Tanzanians around them and considered themselves upstanding members of their community. For many of these Burundian refugees, their loyalty is to Tanzania.

The old caseload Burundians' contributions to Tanzanian society, their ability to be self-sufficient, and their non-threatening posture toward the Tanzanian government all warrant their release from the camps; indeed, these facts should have prevented their being rounded up in the first instance. Long-time refugee families who are able to sustain themselves without international assistance should not be forced into camps where they are deprived of the opportunity to support themselves.

Even if the nation's safety were compromised by some Burundians in the settlements, it is highly unlikely that old caseload Burundians en masse would be the catalysts for national instability in Tanzania. As employed, taxpaying residents of Tanzania, these old caseload Burundians represented no threat to the political or social stability to Tanzania; if anything, they enhanced it. These were active members of community regularly paying taxes in a timely fashion, providing farming labor for the local economy, and voters in local and party elections. Tanzanian villages have become so reliant on these Burundian residents' labor that when the round-ups occurred, local residents reportedly expressed fears that this could have an adverse economic impact.100

The Tanzanian government's contention that Burundians are illegally present if they are outside the refugee camps does not apply persuasively to the old caseload Burundians, whose immigration status is closer to a longstanding resident alien or naturalized citizen than to an illegal alien. Additionally, the right of old caseload Burundians to be restored to their settlements does not hinge on a finding of citizenship. In meetings with officials from the Ministry of Home Affairs, Human Rights Watch found that arguments for the restoration of the old caseload refugees to their settlements were immediately met with the assumption that such a move would require the government to grant all the old caseload refugees Tanzanian citizenship. The Tanzanian government did offer the old caseload Burundian refugees the opportunity to change their citizenship between 1991 and 1993, and even went so far as to significantly lower the administrative fee. Camp commanders at Nduta camp expressed the sentiments that were echoed by other camp commanders and officials in Dar-es-Salaam when they stated:

These refugees had years to apply for citizenship but they did not do it. Now that they are rounded up, all of a sudden they talk about citizenship. We need to be careful who we give our citizenship to. Look how we gave it to the old caseload Rwandans. We treated them well and they tore up our passports and left. We cannot even give them a permit to go out of the camps because we know that they will not return. We have to think about our security. We are not interested in fighting with the Burundian government. We don't want to have any problems. We have already had border skirmishes with the Burundian army.101

The Tanzanian government does not have to give all the old caseload Burundian refugees citizenship in order to restore them their former status as integrated refugees. The old caseload refugees should be permitted to apply for residence permits and allowed to return to their settlements. Local integration of refugees is one of the three durable solutions (along with voluntary repatriation and third-country resettlement) preferred and recommended by UNHCR. In many places in the world, refugees live outside organized camps without international assistance. Some analysts have suggested that in Africa, well over half of all exiles fall into this category.102 The government can, and should, return this relatively small group of refugees, as refugees, to their integrated refugee status in Tanzania until such time as they can return voluntarily to Burundi.

That said, there are some old caseload Burundians, particularly those married to Tanzanian citizens, who are eligible and should be assisted by UNHCR to apply for citizenship. Offers of eligibility for Tanzanian citizenship were made to this group in the early 1990s. Some Burundian refugees did take advantage of this offer since most regarded themselves as Tanzanians, having lived most (and in some cases all) of their lives in Tanzania. There are others who did apply who never received any reply. However, many did not either because of lack of money, ignorance as to the consequences of not applying, and the lack of any explanation regarding the potential repercussions of not changing their citizenship. Identity documentation in that area is the exception rather than the rule. Most rural Burundians and Tanzanians do not possess identity documents of any sort that verify citizenship. Records of national identity are retained by the village leaders and through personal knowledge. Many refugees assumed from their lengthy stay and the government's acceptance that such formalization was not obligatory, particularly since most Tanzanians do not possess any national identification. The required fee for applying for citizenship deterred many from filing their applications even though they were eligible and even interested. Other Burundian refugees told Human Rights Watch that they had not applied for citizenship because they were unaware of or intimidated by the process. In other cases, Burundian refugees expressed their gratitude to Tanzania for giving them refuge but wanted to retain their Burundian nationality and return to Burundi when the situation permits. One UNHCR staff member noted: "identity is all that these Burundian refugees have left."103

For those refugees who are eligible for citizenship but are unable to pay the filing fee, the government should make a one-time fee dispensation to assist them to apply. Article 34 of the 1951 U.N. Convention Relating to the Status of Refugees states that host governments "shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings." If any refugee group is deserving of consideration under this clause, it is those old caseload Burundian refugees who qualify.