Devastating HRW Report on Kenya´s Forgotten Somali Refugees Reveals Evilness of Kikuyu Racist Regime
Dr. Muhammad Shamsaddin Megalommatis
April 16, 2009
From Horror to Hopelessness - Kenya´s Forgotten Somali Refugee Crisis
http://www.hrw.org/en/reports/2009/03/29/horror-hopelessness
From Horror to Hopelessness - Kenya's Forgotten Somali Refugee Crisis
I. Summary
II. Recommendations
To the Government of Kenya
To UNHCR
To the African Commission on Human and Peoples' Rights Special Rapporteur on
Refugees, Asylum Seekers, IDPs and Migrants in Africa
To other governments providing funding for Somali refugees and asylum seekers
III. Methodology
IV. Border Closure, Refoulement, and Police Abuses in Border Areas
The border closure and closure of UNHCR-run refugee transit center in Liboi
Refoulement (unlawful forced refugee return)
Kenyan police bribes, detention, and violence in the border areas, in Dadaab's camps, and on smuggling routes
V. Humanitarian Crisis in Dadaab's Camps
Overcrowding
Registration Crisis
Humanitarian assistance crisis
Funding for Dadaab's Camps
VI. Kenya's de facto Encampment Policy for Refugees
Number of Somali refugees in Nairobi
Restriction of humanitarian assistance
Permission to travel from Dadaab to Nairobi
Lengthy UNHCR refugee status determination procedures and unclear Department of
Refugee Affairs registration practices in Nairobi
VII. Acknowledgments
Annex I: Provincial Map of Kenya
Annex II: UNHCR Overview Map of Dadaab's Camps, December 2008
Annex III: HRW Overview of UNHCR Registration Statistics for Dadaab's Camps
II. Recommendations
http://www.hrw.org/en/node/81791/section/3
To the Government of Kenya
In relation to its refoulement of Somali refugees and asylum seekers
Immediately cease all refoulement of Somali refugees and asylum seekers.
Train Kenya's military and police, particularly soldiers and officers stationed in North Eastern Province, on the rights of Somali refugees and asylum seekers under the 2006 Refugees Act.
Investigate all incidents of refoulement where Kenyan police officers are known to have forcibly returned Somali refugees or asylum seekers to Somalia and take appropriate disciplinary action.
In relation to the border closure
In line with Kenya's obligations under international and Kenyan law, allow Somali asylum seekers to cross all parts of Kenya's border with Somalia, including at all official border posts.
Immediately invite UNHCR to re-open its refugee transit center in Liboi to ensure the orderly registration of all newly arrived Somali asylum seekers crossing at or near the HarHar border point between Doble and Liboi; security permitting, allow UNHCR to transport all asylum seekers between HarHar and Liboi and Dadaab's three camps to help prevent police abuses against asylum seekers on their way to the camps.
In relation to Kenyan police bribes, arbitrary arrest, detention, and violence against Somali refugees and asylum seekers
Immediately investigate possible systematic corruption and police abuses in Kenyan police stations in Dadaab's camps and in the towns of Garissa and Mwingi.
Discipline or charge any officers found to have committed violence against Somali refugees and asylum seekers.
Ensure that Kenyan police stop demanding bribes from Somali refugees and asylum seekers in exchange for free movement in Kenya and take action against police found to have demanded such bribes.
In line with Kenya's international and constitutional legal obligations, and in the absence of any specific national security threat associated with the movement of any person, ensure that all recognized refugees, including those registered in Dadaab, have full freedom of movement throughout Kenya, and ensure that no refugee is arrested on charges of "residing without authority" outside of Dadaab's camps; the Department of Refugee Affairs should issue all registered refugees in Dadaab with identity cards that guarantee such free movement.
In relation to the land crisis in Dadaab's camps
Recognize that land for new camps with a capacity of 150,000 refugees is urgently needed in North Eastern Province and engage with the UN to quickly acquire land for new camps.
Reach agreement with the UN on a comprehensive long-term joint approach for all future negotiations with local community representatives from Lagdera and Fafi constituencies, to ensure that those communities' medium and long-term development grievances are effectively addressed.
In relation to Department of Refugee Affairs' mandate in Dadaab and Nairobi
Produce a public document that sets out in clear terms the criteria and procedures for refugees to obtain movement passes to travel from Dadaab to Nairobi, including the procedure for appealing refusals.
Clarify the Department's current capacity to register Somali (and other) asylum seekers by publicly confirming that Somali nationals who have arrived in Kenya since the outbreak of war in Somalia in 1991 are able to register prima facie as refugees and by confirming the rights that attach to this status.
To UNHCR
In relation to Kenya 's unlawful deportation of Somali refugees and asylum seekers
Increase monitoring of Kenyan police practices in and around the town of Liboi and between Liboi and Dadaab's camps and interview new arrivals in Dadaab's camps to collect possible testimony from witnesses to police abuse and refoulement.
Swiftly intervene with the Kenyan authorities whenever UNHCR receives reports of imminent refoulement and denounce refoulement whenever it is found to have occurred.
Raise concerns over Kenya's refoulement of Somali refugees and asylum seekers at the 2009 meeting of UNHCR's Executive Committee in Geneva.
In relation to Kenyan police arbitrary arrest and detention of, and violence against, Somali refugees in police stations in Dadaab's camps
Promote regular training of all Kenyan police officers working in police stations in Dadaab's camps on the rights of Somali refugees and asylum seekers under the 2006 Refugees Act, the 1951 Refugee Convention, and the 1969 OAU Convention, including their rights to be free from arbitrary detention and all forms of violence.
In light of the ongoing abuse of refugees in police stations in Dadaab's camps, review UNHCR's protection work with Dadaab's police to ensure that refugees are more effectively protected against such abuses, document allegations, and raise incidents of alleged abuse with the heads of the police stations, with the Dadaab-based Department of Refugee Affairs, and with the Police Commissioner in Nairobi.
Discontinue UNHCR's support for the Kenyan authorities' movement pass system for refugees in Dadaab's camps and in line with international refugee and human rights law, advocate for refugees to be granted full and unrestricted freedom of movement throughout Kenya.
In relation to registration of new arrivals in Dadaab's camps and corrupt security guards at UNHCR's gates
Commit adequate resources at all times to UNHCR's registration procedures in all three of Dadaab's camps to ensure that all new arrivals are registered with as little delay as possible and receive food during the next available distribution cycle; only discontinue registration in all three camps once a new camp has been established where all new arrivals can be registered.
Organize refugee registration and other operations to prevent corruption among Armed Group Kenya security guards (the UNHCR-hired guards).
Investigate all allegations of corruption among Armed Group Kenya security guards and dismiss any guards found to be demanding bribes from refugees.
In relation to the land-crisis in Dadaab's camps
Request the UN Humanitarian Coordinator, UNDP, and UNEP to join UNHCR and meet with the Ministries of Immigration and Registration of Persons, Land, Planning and National Development, Development of Northern Kenya and Other Arid Areas, and Special Programmes to adopt a joint approach for negotiations with local community representatives from Lagdera and Fafi constituencies for further new land capable of accommodating at least 100,000 Somali refugees.
Formally request the United Nations Country Team, and in particular UNDP and UNEP, to take over these land negotiations because they have greater capacity than UNHCR to deliver the development-related products and services local negotiators are seeking from the UN in exchange for expansion of land for more refugee camps.
In relation to UNHCR's mandate in Nairobi
In line with rapid UNHCR procedures in Dadaab and to help minimize Somali asylum seekers' vulnerability to Kenyan police abuses in Nairobi, ensure UNHCR determines their refugee status under the 1969 OAU Convention and the 1951 Convention as rapidly as possible.
Publish the criteria UNHCR uses to decide that a Somali asylum seeker applying for refugee status in Nairobi has a right to remain in Nairobi instead of being required to seek refugee status in Dadaab's camps.
To the African Commission on Human and Peoples' Rights Special Rapporteur on Refugees, Asylum Seekers, IDPs and Migrants in Africa
In relation to Kenya's refoulement of Somali refugees and asylum seekers
Call on Kenya to end its violation of the principle of nonrefoulement.
Investigate and report to the African Commission on Human and Peoples' Rights on Kenya's refoulement of Somali refugees and asylum seekers.
In relation to the border closure
Call on the Kenyan authorities to respect their international obligations to ensure that all Somali asylum seekers can access Kenyan territory to claim asylum.
Call on the Kenyan authorities to allow UNHCR to re-open its Liboi transit center to ensure the orderly registration of all newly arrived Somali asylum seekers crossing at or near the HarHar border point between Doble and Liboi.
In relation to restrictions on refugees' freedom of movement in Kenya
Call on the Kenyan authorities to guarantee refugees full and unrestricted freedom of movement throughout Kenya.
To other governments providing funding for Somali refugees and asylum seekers
In relation to Kenya 's refoulement of Somali refugees and asylum seekers
Raise Kenya's violation of international refugee law with the Kenyan authorities and call on them to put an immediate halt to these practices.
Include in reviews of bilateral aid to Kenya reports on Kenya's violation of international refugee law.
Raise Kenya's violation of international refugee law during UNHCR's 2009 Executive Committee meeting in Geneva.
In relation to the border closure
Call on the Kenyan authorities to respect their international obligations to ensure that all Somali asylum seekers can access Kenyan territory to claim asylum.
Call on the Kenyan authorities to allow UNHCR to re-open its Liboi transit center to ensure the orderly registration of all newly arrived Somali asylum seekers crossing at or near the HarHar border point between Doble and Liboi.
In relation to Kenyan police corruption and abuses against Somali refugees and asylum seekers
Raise the incidents of Kenyan police corruption and abuses against Somali refugees and asylum seekers noted in this report with the Kenyan authorities.
Request the Kenyan authorities to take concerted action to put an end to such practices and to prosecute all police officers found guilty of abuses against Somali refugees and asylum seekers.
In relation to Dadaab's camps
Urge UNHCR to request the UN Country Team, in particular UNDP and UNEP, to take over negotiations with national and local officials for land for a fourth and fifth camp so that UNHCR can focus on areas falling within its mandate and area of competence.
Respond generously to UNHCR's December 19, 2008, Supplementary Appeal for US$92 million to address the massive needs and humanitarian crisis in Dadaab's camps and/or commit funds directly to NGOs working in the camps.
Press UNHCR to stop all security guard corruption in its camp compounds.
Note
Picture: the Oromo (in brown colour) and the Somali (in pink colour) provinces of Kenya
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