The United Nations High Commissioner for Refugees explains about armed ‘refugees’

Jan 16, 2003

SIR— The United Nations High Commissioner for Refugees (UNHCR) in Uganda would like to state that not all persons at the Ugandan border areas are necessarily “refugees”.

SIR— The United Nations High Commissioner for Refugees (UNHCR) in Uganda would like to state that not all persons at the Ugandan border areas are necessarily “refugees”. Unlike the common media usage of the term “refugee”, there is a specific meaning which UNHCR attaches to the term. According to the 1951 Refugee Convention, a refugee is a person who is:

  • Outside his/her country of origin
  • Has a well-founded fear of persecution because of his/hr race, religion, nationality, and membership in a particular social group or political opinion.
  • Unable to avail himself/herself of the protection of that country, or is unable to return there, for fear of persecution.

    The UNHCR also applies the 199 OAU Convention on the Specific Aspects of Refugee Problems in Africa. The OAU Convention covers those who are compelled to leave their country due to external aggression, occupation, foreign domination or events seriously disturbing public order in a part or the whole of their country.

    A refugee is a civilian. The UNHCR cannot consider for asylum any person who takes active part in military conflicts. Similarly, foreigners in Uganda, who are engaged in military or combat activities are not of concern to UNHCR.

    These so-called “refugees” who are armed and operating along the common borders of Uganda and Rwanda and Congo, are not of concern to the UNHCR in Uganda. Refugee camps are civilian communities. This civilian character must be respected at all times.

    If host governments are aware of any armed presence in the refugee camps, they must take the necessary action to remove the arms. Such a move ensures that the granting of asylum is not perceived as an unfriendly act by the governments of the countries of origin.

    Similarly, persons who committed a crime against peace, a war crime, a crime against humanity, a serious non-political crime, or acts contrary to the purposes and principles of the UN are not recognised as refugees under the mandate of the UNHCR.

    Saihou Saidy
    UNHCR Representative in Uganda
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