Rwanda
Law relating to refugees, 2014
Act 13TER of 2014
- Published in Government Gazette 26 on 30 June 2014
- Assented to on 21 May 2014
- Commenced on 30 June 2014
- [This is the version of this document from 30 June 2014.]
Chapter one
General provisions
Article one – Purpose of this Law
This Law governs refugees and asylum seekers in Rwanda.Article 2 – Definitions of terms
For the purpose of this Law, the following terms shall have the following meanings:Chapter II
Establishment of the Refugee Status Determination Committee and its responsibilities
Article 3 – Establishment of the Refugee Status Determination Committee, its organisation and functioning
There is hereby established a Refugee Status Determination Committee.A Prime Minister's Order shall determine its organization and functioning.Article 4 – Responsibilities of the Refugee Status Determination Committee
The Refugee Status Determination Committee shall have the following responsibilities:Article 5 – Composition of the Refugee Status Determination Committee
Members of the Refugee Status Determination Committee shall come from the following entities:Article 6 – Benefits granted to members of the Refugee Status Determination Committee
Benefits granted to members of the Refugee Status Determination Committee shall be determined by a Prime Minister’s Order.Chapter III
Application for asylum and refugee status
Section one: Obtaining asylum
Article 7 – Requirements for obtaining asylum
A person shall be eligible for asylum, if:Section 2: Application for refugee status
Article 8 – Application for refugee status
A person who applies for refugee status must:Article 9 – Decision of the Refugee Status Determination Committee
The Refugee Status Determination Committee shall consider and analyse the application for refugee status and decide thereon within forty-five (45) days.The decision of the Refugee Status Determination Committee shall set out the reasons for granting or refusing to grant refugee status.Article 10 – Notifying the refugee status applicant of the decision of the Refugee Status Determination Committee
The Chairperson of the Refugee Status Determination Committee shall give the refugee status applicant a written notice of decision on his/her application within ten (10) days from the date the decision is made.Article 11 – Appeal by a refugee status applicant
If a person applying for refugee status is not satisfied with the decision of the Refugee Status Determination Committee, he/she may appeal to the Minister within a period of thirty (30) days from the date he/she was notified of the decision.The Minister to whom the appeal is made shall decide thereon within one (1) month.In case of appeal, the refugee status applicant shall continue to have the right to stay in Rwanda until the Minister decides on the appeal.Article 12 – Identity document issued to the person granted refugee status
A refugee identity card shall be issued to the person granted refugee status, his/her spouse, children under the age of eighteen (18) years and persons under his/her dependence.Article 13 – Granting refugee status to refugees in mass influx situations
Refugees in mass influx situations may be unconditionally granted prima facie refugee status. Such a decision shall be taken by the Minister.The granting of prima facie refugee status shall not prevent the Refugee Status Determination Committee from analysing individual applications where necessary.When it appears that refugees having fled in mass influx situations include former soldiers or former members of armed groups, relevant organs shall be required to do the following:Section 3: Rejection of refugee status application
Article 14 – A person ineligible for refugee status
No person shall be eligible for refugee status if there is strong evidence indicating that:Article 15 – Consequences of being denied refugee status
When a refugee status applicant is definitively denied refugee status, he/she shall be handed over to the department in charge of immigration and emigration within thirty (30) days from the date of notification of refugee status rejection. In such circumstances, legal provisions governing immigration and emigration shall apply.The deadline provided under paragraph One of this Article may be renewed only once (1) when there are valid reasons.The provisional decision shall become null and void after the final decision of granting or denying the refugee status is made.Section 4: Revocation and cessation of refugee status
Article 16 – Revocation of refugee status
Refugee status shall be revoked when it subsequently appears that it was granted contrary to the provisions of Article 7 and 14 of this Law.A person granted the refugee status on a prima facie basis may have his/her status revoked by the Refugee Status Determination Committee for reasons of territorial integrity and security of the nation.Article 17 – Cessation of refugee status
Refugee status shall cease for any person who:Chapter IV
Rights and obligations of refugees
Section one: Rights of refugees
Article 18 – Rights of refugees provided for by international instruments
Without prejudice to other laws, any person having obtained refugee status in Rwanda shall enjoy the rights and liberties provided for by international instruments on refugees ratified by Rwanda.Article 19 – Naturalization of a refugee
A refugee shall be granted Rwandan nationality in accordance with Rwandan laws.Article 20 – Marriage of refugees
The marriage of refugees shall be governed by Rwandan laws.Documents required for marriage of a refugee shall be issued by a civil status registrar whose jurisdiction covers the place of settlement of the refugee on the basis of information and documents availed by the organ responsible for the daily management of refugees.When a refugee is married to a Rwandan, he/she shall keep his/her refugee status unless he/she acquires Rwandan nationality in accordance with relevant laws.Article 21 – Principle of non-refoulement
Under no circumstances may a refugee be sent back or deported to a country where his/her life or liberty may be in compromised for reasons provided for by Article 7 of this Law.Section 2: Obligations of refugees
Article 22 – Obligation to comply with laws in force in Rwanda
A refugee shall have the obligation to comply with laws, international instruments ratified by Rwanda, regulations in force in Rwanda as well as all measures taken for public security and order.Chapter V
Refugee camps and their management
Article 23 – Place of settlement of a refugee and of an asylum seeker
Refugees coming in mass influx situations shall be transferred to a settlement camp distant from the border. However, any other person granted individual refugee status shall be entitled to settle in a refugee camp.Every person granted asylum shall be entitled to a shelter until he/she is granted refugee status.Article 24 – Location of camps and modalities for refugee settlement
The location of camps and modalities for refugee settlement shall be determined by the Minister after consultation with other relevant organs.Article 25 – Modalities for staying in and relocating from a camp
A refugee or an asylum seeker shall in no way stay in or relocate from a camp without prior authorization of the Minister.A refugee who no longer wishes to stay in a camp may relocate to another place upon a written request addressed to and approved by the Minister.Article 26 – Cooperation between Government and partners providing assistance to refugees in camps
The Government of Rwanda and partners shall jointly participate in refugee assistance-related activities.Any partner recognized in Rwanda that wishes to assist refugees in camps shall request for authorization from the Minister.A partner that intends to cease its operations in a camp shall notify the Minister thereof at least three (3) months prior to the cessation of such operations.Chapter VI
Quest for durable solutions for refugees
Article 27 – Modalities for quest for durable solutions for refugees
The quest for durable solutions for refugees shall be made in the following three (3) procedures:Chapter VII
Final provisions
Article 28 – Validity of acts performed
Acts performed under Law nº 34/2001 of 05/07/2001 relating to refugees as modified and complemented to date shall remain valid.Article 29 – Drafting, consideration and adoption of this Law
This Law was drafted, considered and adopted in Kinyarwanda.Article 30 – Repealing provision
Law n° 34/2001 of 5/07/2001 relating to refugees as modified and complemented to date and other prior legal provisions contrary to this Law are hereby repealed.Article 31 – Commencement
This Law shall come into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
30 June 2014 this version
Commenced
21 May 2014
Assented to