Monday 16 June 2014


Kenya: Refugees’ Protection Crises!

Refugees’ Protection Crises!

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Kenya, unlike its neighbors, remains “a destination for the people fleeing from persecution” as it hosts hundreds thousands refugees of almost ten African countries, most of them from Somalia. It also gets attention of the world’s humanitarian bodies including UNHCR – the UN Refugee Agency and its partners to facilitate refugees’ protection and also ease Kenya’s burden.

Despite refugees were mainly encamped at Kenya’s peripheral and relatively under developed regions amid restriction of rights to movement and employment, many asylum seekers were pleased enough in Kenya as “a better place than home”. 

Moreover, Kenyan Defense Forces (KDF) intervened militarily in late 2011 into Kenya’s neighboring regions of Somalia. Kenya urged this came after sporadic raids and kidnappings had been employed in the Coast Province and Dadaab refugee camps where tourists and humanitarian employees became victims respectively. Refugees in Dadaab were not even accused of having roles in the raids but rather than that, they were among those to be protected in the humanitarian enclave. 
Furthermore, Kenya justified its intervention of “securing its foreign-currency earning industry of tourism and also ensuring the safety of humanitarian activities in its sovereign territory”, or just protecting its image of being relatively stable country in a volatile region. 

However, just almost a year after KDF went into Somalia, the destabilizing and terrorizing activities increased in Kenya, most notably in the Somali-speaking populations’ dominant areas of Nairobi, Dadaab refugee camps and Northeastern Province.

Refugees targeted twice;     
However, from 2012 - refugees or asylum seekers, who were hosted in a country of Sub-Saharan Africa that faces its own challenges from poverty and governance lapses as the 2007/8 violence was the worst in record, were facing their ever worsening experience in Kenya. 

Moreover, along with other populations in Kenya, refugees were victims from the alleged terrorists and destabilizing forces and also those charged to offences were mostly Kenyan nationals. Apart from the generalized insecurity, refugees became the only target population for the Kenyan government as it issued directives that criminalized refugees urban living. 

Shockingly, this approach had been employed by Kenyan government’s Department of Refugee Affairs despite Kenya High Court halted implementation of the government directive temporarily on February 2013, and then nullified it on July 26 of 2013 after hearing sessions were in course. 

Unfortunately, since the ill-adviced government directive of December 2012 had been declared, services for the refugees and asylum seekers in Kenya were poorly provided and also access denied as documentation services are not resumed in both urban areas and Dadaab camps. 

Repatriation issue worries;
Furthermore, Kenyan government insists to repatriate Somalia refugees into the alleged peace-restored territories of home country – a move regarded by those of concern including refugees as “a premature”, currently. We further applaud the Tripartite Agreement of Somali refugees’ repatriation and UNHCR’s awareness creation and information provisions on this issue amidst speculations. 
On the other hand, the Somalia refugees’ repatriation issue worries by those of concern including Ogaden Refugees Committee (ORC) as “a potential tool of abusing refugees” in this December and following months as happened in the same period of 2012. Such worries get stronger as Kenyan officials spoke publicly of closing Dadaab refugee camps, just few days from the date signed Tripartite Agreement; while UNHCR strongly refutes against Kenyan officials’ claim.

Antagonizing undermines “National Security”;
Deplorably, instead of dealing its security lapses accordingly, Kenya government had discriminated and stigmatized refugees as “a source of country’s insecurity”, and issued the December 2012 controversial directives. Kenya had also collectively punished refugees as it failed sorting out those [refugees] suspected or accused of contributing the menace despite mostly those charged in courts were Kenyan nationals.  

The government insisted “the move of depriving refugees’ rights in Kenya and eventually repatriating them” is inline with its national security. Despite its obligations as a state through both national and international laws are violated as Kenya’s High Court made ruling on July 26 of 2013, this move reversely undermines Kenya’s “national security”. 

The moves against refugees since late 2012 by Kenya, and Jubilee government officials’ speculative loom on Somalia refugees’ repatriation, surely antagonize refugees in general and Somalis in particular. Therefore, antagonizing hundreds thousands of Somalis through forcing them return home unwillingly, should undermine Kenya’s hospitality record for the refugees and may have backlash to Kenya’s security in the future. 

Therefore, the UN Refugees Agency (UNHCR) and both its implementing and operational partners’ roles for protecting refugees’ rights in the year 2012/13 despite they have been fairly intimidated of giving services, deserves to express “our utmost gratefulness” for their approach of dealing such crises. 

We also appreciate the roles played [in 2012/13] by key Somali-Kenyan politicians through their public appealing for refugees’ humanely protection. We shall not hesitate naming few of them; former Deputy Speaker of Kenyan Parliament – Hon. Farah Moalim, Garissa Senator and former Defense Minister and Kamukunji Constituency MP – Hon. Yusuf Hassan Abdi

However, committing to abuse refugees , whom Refugees International (RI) called “the world’s most vulnerable people” for a political goal or hurting others (non-refugees), warrants strongest terms of condemnation. A prize that has been repeatedly awarded to Kenya’s northern neighbor – Ethiopia, which commits of manipulating refugees’ asylum space or individual safety. 

Respecting International Laws is in the interest of All!

Ahmed Farah Mohamud    
Chairperson; Ogaden Refugees Committee (ORC)

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