Army deserters and opposition activists who fled neighbouring Zimbabwe at the height of election violence in 2008 have reported Botswana to the United Nations Refugee Agency (UNHCR).
The refugees filed the petition with the UN agency in Switzerland to remain at Dukwi Refugee Camp after threats of deportation by Botswana authorities.
Botswana’s human rights record may come under the spotlight as the UNHCR is voicing concern that the impending deportations of Zimbabwean refugees, among them army deserters was undesirable.
This also follows a meeting in which Director in the Ministry of Defence Justice and Security Thobo Lethage that the refugees have up to 28 February to register for voluntary repatriation. Lethage was quoted as saying those who fail to do so would be deported as they would no longer qualify for international protection.
But the UNCHR has expressed concern that refugees among them army deserters and opposition political leaders should not be forced to return to Zimbabwe. It is understood that the refugees fled to Botswana around 2008 during a reportedly violent election that resulted in former President Robert Mugabe and former leader of opposition Morgan Tsvangirai signing a power-sharing deal.
Responding to Sunday Standard queries, UNHCR’s South African Representation Office spokesperson Kate Pond said it was of vital importance that people are not returned to places where their lives or freedoms would be threatened.
“Zimbabweans who are in need of international protection will continue to remain in Botswana. UNHCR will continue to advocate for the most feasible and attainable durable solutions in all circumstances. We do not have any official communication about a message sent to UNHCR Geneva,” she said.
She added that UNHCR became “involved to ensure that everyone is is still in need of international protection continues to receive it.”
According to Pond, “To this end, UNHCR team reviewed the asylum claims of the Zimbabweans in Dukwi camp in Botswana in recent month. Those in need of international protection will continue to be supported while those found not to be in need of international protection are subjected to immigration measures like any other foreign national.”
“returns that take place must be safe and dignified, and the result of a freely-made-choice. Zimbabweans who make the decision to return voluntarily, based on an informed choice, will be supported by UNHCR to return in safety and dignity,” she said.
In an emailed response to Sunday Standard, principal public relations officer in the Ministry of Defence, Justice and Security, Bonolo Tabalaka confirmed that there are currently 262 Zimbabweans currently residing at the Dukwi Refugee Camp. She added that the number of Zimbabweans registered for repatriation will be known after 28th February 20221.
Currently, the process for registration of voluntary registration is still ongoing.
According to the refugee law, Tabalaka said, before people can return to their country of origin, all necessary steps are done to ensure that the conditions re safe to return.
“In this particular case, all the necessary processes have been undertaken by all relevant stakeholders including Botswana’s international obligations concerning treatment of refugees. Therefore, all the affected Zimbabwean Refugees have been found to be no longer eligible for continued international protection, as they do not face any fear of persecution upon their return to the country of origin,” she said.
She further stated that in this case, Botswana government, Zimbabwe government and UNHCR are facilitating the Zimbabwean nationals to safely return to their country of origin, so far the exercise is proceedings smoothly,” she said.
The Zimbabwe People Power Movement, the organisation that represents the refugees stated in the petition that “This case is unique in that these refugees comprise former army personnel who deserted the Zimbabwe Army who return will be Court Marshalled.
They deserted because they did not want to carry out illegal orders of beating up, torturing, and sometimes shooting civilians. They refused such orders and so fled for their lives after they had been put on the wanted list by human rights violators.”
The organisation further stated that “In addition, there are many well-known opposition activists amongst the same group of refugees who will certainly face persecution upon arrival in Zimbabwe.”
