Misuse of law affects refugees

5:7 There is no doubt whatsoever that the influx of 500,000 odd refugees in Kagera and Kigoma regions has brought forth a mischief of a completely new horizon than could ever have been predicted.

This new mischief of the indigenous having to suffer losses of life and property and to be rendered a “worse off” than a refugee in their our country, leaves the Law Reform Commission to wonder as to how best to control such a people among us.

5:8 The Commission concedes the misuse of the Refugees Control Act, 1966 (No 2 of 1966) may have been put to, but is of the view that the same can be curbed by the administrative law machinery.

5:9 The Law Reform Commission, as already seen, has appreciated the anxiety of the Nyalali Commission. The main issue at our hands is how to control the people, who have come to our country to live in unpredictable circumstances and be able to say at the end of the day that we have done a duty to protect the refugees and above all our country. It is in this premise that we agree that the law needs to be amended so that it suits the occasions discussed.

6:0 Recommendations:

6:1 The Law Reform Commission recommends:

(1) The law be retained.

(2) The penalties provided for in sections, 13 and 15 be enhanced to not less than Sh10,000.

(3) There be provision to:

(i) prohibit refugees to do business outside their settlement camps/areas;

(ii) involve Local and Village authorities empowering them to endorse permits to be issued to refugees.