Burundi/Rwanda: The right of establishment in the Economic Community of Central African States (ECCAS) for a national of a member state; whether a person born of Rwandan parents established in Burundi automatically acquires the right of residence in Burundi under the Protocol on Freedom of Movement and Rights of Establishment of Nationals of Member States within the Economic Community of Central African States (June 2004)

A lawyer at the Libreville Peace and Security Branch of the Economic Community of Central African States (ECCAS), which has its headquarters in Libreville, provided the following information during a 9 June 2004 telephone interview.

Though ratified by all member states, the Protocol on Freedom of Movement and Rights of Establishment of Nationals of Member States within the Economic Community of Central African States is still not entirely in effect. The part relating to the freedom of movement is partially in effect, particularly with regard to some categories of persons, such as students and interns. Each member state is free to develop its own policy on the right of establishment for nationals from other member states. The lawyer was unable to predict when the entire protocol would come into effect and explained that this depended on the political will of the member states.

With regard to the right of residence in Burundi, a representative of the border control and aliens' registration police (Police de l'air, des frontières et des étrangers, PAFE) at the Burundian Immigration Service provided the following information during a 15 June 2004 telephone interview.

A person who is born in Burundi and lives in the country for a long time does not automatically acquire permanent resident status. However, these important criteria are taken into consideration when an application for permanent residence is being evaluated. Other criteria, such as a foreign national's activities or the results of a security screening, are also considered.

Aside from foreign nationals with refugee status who have the right to reside in the country-as long as they do not return voluntarily to their country of origin or choose to live in another country-aliens, including Rwandan nationals, can be subdivided into three categories.

Temporary residents are foreign nationals who settle in Burundi for a definite period of time. They receive temporary resident cards that are renewable every two years. These yellow cards are issued by the PAFE and bear the signature of the general director or, in his absence, that of the director of foreign nationals.

The second category consists of foreign nationals who are authorized to reside in Burundi for an indefinite period of time. The PAFE issues indefinite resident cards to these people. People in these groups require exit visas to leave the country, and any stay outside of Burundi that exceeds the expiry date of an exit visa automatically results in the loss of resident status.

The third category consists of permanent residents who receive permanent resident cards. These cards are pink and are issued by the PAFE upon approval of the minister of public security. Permanent resident cardholders may enter and leave the country without any time restrictions.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

Economic Community of Central African States (ECCAS), Libreville. 9 June 2004. Telephone interview with a lawyer.

Police de l'air, des frontières et des étrangers (PAFE), Burundian Immigration Service. Bujumbura. 15 June 2004. Telephone interview with a representative.

Additional Sources Consulted

Internet sites, including: ECCAS, Government of Burundi, UNHCR.