Efforts by the Democratic Republic of Congo (DRC) to have Rwanda extend the stay of Rwandan refugees in their country past the Cessation Clause deadline of June 30 have failed.

A visit to Rwanda by Congo’s Minister for Internal Security, Decentralisation and Traditional Affairs, Mr Richard Muyej, to present the case to Kigali came to naught as the Rwandan government maintained that all refugees living outside its borders would lose that status on June 30.

With Rwanda insisting doors were open for refugees who desired voluntary repatriation, Congo said mechanical approaches to the Cessation Clause would not deliver sustainable peace.

Read: Rwandan 50,000 returnees expected ahead of June 30 deadline

In a recent tripartite session between the two governments and the United Nations High Commissioner for Refugees (UNHCR), officials from Congo said a number of procedures needed to be taken into consideration if the Cessation Clause was to successfully come to force.

DRC believes that there is a need to put in place mechanisms that encourage voluntary return of refugees. According to Mr Muyej, there is a need to carry out awareness campaigns and also convene another tripartite technical meeting that would elaborate an advanced strategy on the enforcement of the clause.

The minister added that while his government supports the enforcement of the clause, the presence of rebel groups in the region could undermine possible gains from it.

The comprehensive strategy on the Cessation Clause came in place in 2009 and was revalidated in 2011 with a deadline of June 30, 2013. The strategy relating to the clause has been criticised by some individuals who say it forces refugees to return to their home country.

The government has insisted on the June 30 deadline despite DRC’s pleas.

“Our people are our fortune, force and patrimony of the country,” said Seraphine Mukarutabana, the Minister of Disaster Management and Refugee Affairs. “Any prolonged exile for them means unrecoverable losses for the country.

“The coming into effect of the Cessation Clause for Rwandan refugees remains consistent and valid on June 30, 2013.”

According to Neimah Warsame, the UNHCR Country Representative to Rwanda, although a host of countries hosting Rwandan refugees are willing to repatriate them, challenges ranging from legalities to logistics persist.

According to the UN refugee agency, the declaration of the Cessation Clause terminates the rights associated to refugee status.

This means refugees will either voluntarily return to their country of origin – in this case Rwanda – apply for residency in the asylum country, or could eventually be naturalised when they meet the criteria stipulated in the citizenship law of the country of asylum.

Depending on the individual country’s immigration laws, a forceful return would be possible when none of the criteria for the above scenarios are met.

Refers to the past

However, the refugees have the right to request to retain their refugee status. Such requests will however need to specify the circumstances that may warrant the continuation of international protection.

UNHCR says it will assist governments to deal with these applications fairly and in a timely manner. The clause refers to the causes of displacement that existed in the past and does not refer to current or potential forms of persecution that could arise in the future.

Consequently, a declaration of the Cessation Clause does not rule out individuals leaving their country from applying for refugee status. The recipient countries will analyse the case, taking into consideration the change of circumstances and the specific circumstances of individual cases and decide accordingly.

Rwanda has an estimated 100,000 refugees across the world. Some 3.5 million Rwandan refugees have returned home since 2009, with the majority reportedly coming from DRC. This year, 300 returned.