A refugee could be anybody, including you and me
What you need to know:
- Kenya is one of the signatories to the 1951 United Nations Convention Relating to the Status of Refugees.
- One of the essential principles pronounced by the Convention is the “principle of non-refoulement” or simply, the prohibition of expulsion or forced return.
- Certainly, some terrorists may take advantage of the refugee status so as to perpetuate acts of terrorism, but that cannot be the basis for raising alarm over the security threat posed by all refugees in Kenya.
The refugee challenge is one of Africa’s worst eyesores. It will only come to an end the day we change our intolerant ways.
On June 20, 2015, we celebrated World Refugee Day. A few speeches were given and salutations were sent across the world, but did the refugees know we were celebrating their day?
Refugees are people who are where they shouldn’t ideally be – seeking shelter, food and clothing at their neighbours’.
They have been subjected to the cruelties of conflicts, wars, human rights abuses and modern slavery. War leaves its gruesome wounds on many, but some cling to the hope of a more peaceful tomorrow.
According to the United Nations High Commissioner’s statistical report, Kenya ranks among the top three refugee host countries in Africa, with 551,352 refugees as at December 2014.
The UNHCR also reports that ‘the eruption of violence in South Sudan was an additional burden to a volatile sub-region which continues to suffer from conflict and displacement.’
Behind these figures and statistics are people. Their only hope lies in the help they receive from the UN, a few NGOs that are brave enough to operate amidst messy refugee camps and some exemplary young Kenyan students, who have given a good portion of their precious holidays to look after refugees.
I met three of those teenagers: Sandra Bucha, Francis Wanjiku and Cindy Wakio. The touching experience instilled in these youngsters a new important realisation, that refugees are more than just a number; they are men, women and children whose life is constantly on the edge.
Kenya is one of the signatories to the 1951 United Nations Convention Relating to the Status of Refugees. According to the Convention, which is quite comprehensive, the status of ‘refugee’ is granted to those who fulfill two chief conditions: a “well-founded fear of persecution” for reasons such as race or religion, and secondly the fact of being “outside one’s country of nationality” due to such fear.
One of the essential principles pronounced by the Convention is the “principle of non-refoulement” or simply, the prohibition of expulsion or forced return.
Under this principle, a refugee may not be expelled or returned to the frontiers of a territory where their life or freedom would be threatened on account of their race, religion, nationality, and membership in a particular social group or political opinion.
This principle has a clear exception: a person for who reasonable grounds exist to be regarded as a threat to the security of the country he is in may not claim the benefit of this principle.
The Governments of Kenya and Somalia, and the United Nations High Commission for Refugees (UNHCR) concluded a Tripartite Agreement for the repatriation of Somali refugees.
There has been growing public anxiety and political rhetoric against Somali refugees based on the unwarranted link that is often presumed between the refugees and terrorists.
Hosting refugees brings with it delicate international responsibilities. Kenya’s Parliament has sought to repeal the Kenyan Refugee Act of 2006, which was deemed insufficient in respect of refugees’ rights.
According to the Commission for the Implementation of the Constitution (CIC), the Refugee Bill is currently undergoing the process of internal review and stakeholders’ consultations. It is hoped that the Bill will make the management of refugees more efficient and responsive to the challenges facing the country.
Certainly, some terrorists may take advantage of the refugee status so as to perpetuate acts of terrorism, but that cannot be the basis for raising alarm over the security threat posed by all refugees in Kenya.
The Department of Refugee Affairs needs develop its capacity to handle relatively large number of refugees and asylum seekers, even in the case of mass influx, and the Department of Immigration should take charge of Kenyan border points and popular transit routes, so refugees can be properly identified at the time of their entry.
A lot of support is also necessary to ensure that the refugee-host countries do not bear the brunt of the mass influx of refugees in isolation.
There is need to improve living standards in Dadaab and other refugee camps. The efforts by the UNHCR and the WFP should not escape notice.
A refugee could be anybody, including you and me. We should keep this in mind when speaking about refugees. The UN Secretary General, Ban Ki-moon, noted a few days ago that:
Refugees are people like anyone else, like you and me. They led ordinary lives before becoming displaced, and their biggest dream is to be able to live normally again. On this World Refugee Day, let us recall our common humanity, celebrate tolerance and diversity and open our hearts to refugees everywhere.
Dr Franceschi is the dean of Strathmore Law School. [email protected], Twitter: @lgfranceschi
