By Kwanta Douglas –
Eight Rwandan nationals who were released or acquitted by the UN tribunal for genocide crimes recently expelled by Niger hangs in the balance after parties came at loggerheads with their fate over their controversial relocation from Tanzania.
While Rwanda finds their repatriation to a third country unjustified and Niger, which took them in, moved to expel them over diplomatic reasons, the UN’s International Residual Mechanism for Criminal Tribunals (IRMCT) condemned Niger’s actions.
Judge for the Arusha Branch of the IRMCT, Joseph E. Chiondo Masanche, on orders from IRMCT President Carmel Agius, asked Niger “to stay the expulsion order and to allow the relocated persons to remain on its territory in accordance with the terms of the agreement pending the final adjudication of this matter” in a letter to authorities of the Niger government dated December 31.
In response, Niger accepted to reverse the decision for 30 days as the UN continues to search another host country.
Parties had equally agreed that the group stay in Niger for at least one year following relocation with financial assistance from the IRMCT.
“The problem is in the decision making mechanism of the UN and its agencies because this move effectively renders these people stateless or refugees, and for that to happen there is need to clearly define the threat they face,” argues Athanase Rutabingwa, a Rwandan based lawyer and advocate at former International Criminal Tribunal for Rwanda (ICTR).
“The mechanism had powers to impose conditions on Rwanda regarding their repatriation and stay in the country, or demand Rwanda to give assurance about their safety if their concerns are backed up by facts. However, I doubt any of these happened. It is just the UN mode of operations that needs overhaul.”
While Rwanda formally complained about the UN deal with Niger, officials have not indicated whether the government is engaged with either on the matter.
Officials maintain, however, that the concerned individuals are welcome to return to the country