Rwanda, Zambia move closer to inking extradition deal

Rwanda and Zambia are in close to reaching an extradition treaty that would pave the way for the extradition to Rwanda of fugitives linked to the 1994 Genocide against the Tutsi, both governments have said.

Sunday, June 07, 2015
Mushikiwabo (R) receives a gift from her Zambian counterpart Kalaba after the meeting yesterday. (Timothy Kisambira)

Rwanda and Zambia are in close to reaching an extradition treaty that would pave the way for the extradition to Rwanda of fugitives linked to the 1994 Genocide against the Tutsi, both governments have said.

This was announced yesterday at a joint media briefing by the Foreign affairs ministers of the two countries in the Rwandan capital of Kigali.

It comes as the two countries are in the process to strengthen bilateral ties, which would include education, judicial cooperation and implementation of the UN Cessation Clause that spells out modalities to facilitate voluntary repatriation of former Rwandan refugees.

Currently, there are about 6,000 Rwandans living in Zambia, among them suspected Genocide perpetrators, who are said to be involved in acts aimed at discouraging compatriots who are willing to return home – after losing their refugee status.

Zambia minister for Foreign Affairs Harry Kalaba, who is on an official visit to Rwanda, told journalists yesterday that the two governments are in the final stages of coming up with an extradition treaty that would see people suspected of committing crimes in either country sent back home.

"Zambia sent a proposal of the Extradition Treaty to Rwanda, and Rwanda has sent its draft to Lusaka, which we will have to look at it. I am sure that the extradition treaty will be signed and those that are supposed to come to Rwanda to answer certain questions will definitely come,” said Kalaba.

In March, the Zambian Deputy Minister for Home Affairs, Col. Kaunda Tushuke Panji, said his country would expel Rwandans who live in Zambia illegally.

Speaking at yesterday’s media briefing, Rwanda’s Foreign Affairs Minister, Louise Mushikiwabo confirmed the two countries were at the stage of giving last comments on the proposed treaty which, she said, will be completed soon, signed and ratified as an international instrument.

The ratification of the accord will mean that Zambia won’t be a safe haven for wanted criminals, and vice versa.In 2009, Rwanda initiated extradition treaty negotiations with 29 countries, including Zambia.

All Rwandan refugees lost their refugee status in June 2013 when the UN Cessation Clause was invoked. "We have received good collaboration from Zambia and part of what we are doing with these bilateral frameworks is to figure out how we can move a bit faster and more diligently.

"In terms of handling the refugees, we have a framework that is a tripartite arrangement between Rwanda, UNHCR and Zambia,” said Minister Mushikiwabo.

" …but as you know, sometimes refugees are not ready to go back home so there is some work to be done and that’s the phase we are in. There are some that have come home but it’s also important to note that the arrangement under the UN Cession Clause is not for (people) to be forcibly repatriated, the arrangement is for those who are ready to return home and for those who wish to be integrated in the countries where they live to do so but that would depend on the will of the host country.”

Of the 6,000 Rwandans in Zambia, the Cessation Clause affects more than 4000 of them.

In a bilateral meeting held in Lusaka in July 2013, the two countries agreed to join their efforts to facilitate former Rwandan refugees to get alternative legal status in line with the durable solutions stipulated in the Cessation Clause, including voluntary repatriation or local integration in the asylum country.

It was noted that voluntary repatriation remains open and efforts to encourage it will continue, though former Rwandan refugees who wish to stay in Zambia will be facilitated by both Governments to get Rwandan national passports and consular cards in order to facilitate processing and issuance of immigration permits in Zambia.

Passport Application Forms for Rwandan former refugees were made available in Zambia through the Office of the Commissioner for Refugees (COR) and posted online to ensure easy access for applicants to local integration.

As a follow-up on the resolutions of the July 2013 bilateral, officials from Rwanda, Zambia and UNHCR convened in March this year to review the progress of the implementation of the Cessation Clause.

During the two-day meeting, officials agreed on a three-month period to sensitise Rwandans living in Zambia to either repatriate or acquire proper documentation allowing them to stay there legally.

According to Zambian authorities, 733 out of the 4,000 Rwandans who illegally stay in their country are in possession of various immigration permits.